Kerala High Court rejects petition to terminate 34-week pregnancy of 12-year-old girl

The Kerala High Court has rejected the petition to terminate the pregnancy of a 12-year-old girl who had an incestual relationship with her minor brother, stating that it isn’t a case where termination of pregnancy is an option.

The court came out with its directions while it was taking a call on a writ petition filed by her parents who sought termination of pregnancy of their daughter who, they claimed, was carrying pregnancy on account of an incestual relationship with her minor brother. They submitted that the pregnancy could cause physiological and psychological difficulties to the minor girl. The court was also apprised that the parents were unaware of the pregnancy until recently.

‘Not tenable’

A single bench of Justice Devan Ramachandran said, “A sum total evaluation of all the afore inputs and submissions, renders it indubitable that this is not a case where termination of pregnancy is an option, even if the request of the petitioner is to be considered from any available angle or contour. … This is because, the foetus has already reached 34 weeks of gestation and is now fully developed, preparing for its life outside the womb.”

The bench added that the termination of pregnancy at this point is not tenable, if not impossible; and therefore, the child will have to be allowed to be born, either through a caesarean section or a normal delivery. “This, of course, is a matter of choice for the experts and cannot be fully left to the petitioners, particularly, taking note of the rather young age of the victim – mother,” it also said.

The court ordered that the girl’s minor brother shall not be allowed anywhere near her, or to have access to her in any manner whatsoever which shall be ensured by the competent authorities. Accordingly, the High Court disposed of the writ petition and issued necessary directions.