Mother of pregnant 10-year-old approaches HC for MTP; too risky, says medical board

The mother of a ten-year-old girl child approached the High Court of Kerala seeking approval for the medical termination of the pregnancy of her daughter. The child, who became pregnant after she was raped by her own father, is eight months pregnant.

The Kerala High Court (HC) on March 7 instructed the government to form a medical board to take a decision based on the writ petition filed by the hapless mother, a native of Kollam district, in a quest for mercy from the state. The medical board however found it impossible to go for MTP, as the foetus had grown to 31 weeks already. The only solution that remained was to remove the baby through a surgical procedure.

The HC passed an order to follow the advice of the medical board and also instructed the state to take over the responsibility of the newborn. In the medical examination, it was found that the baby has 80 per cent of chance of survival and is likely to have neurological problems.

The medical board report submitted to the HC said that since the pregnancy is around 31 weeks and breech presentation, operative delivery is needed with the associated anaesthesia and surgical risks.

“At 30 weeks six days, with an expected weight of 1.557 kg – there is 80 per cent chance of the baby’s survival. There is risk of neonatal morbidities and need for Newborn Intensive Care Unit and also adverse neurodevelopmental outcome for the newborn. At 30 weeks 6 days we are ethically and medico legally liable to resuscitate and give care to the newborn baby,” added the report.

Also read: Rape at needle-point: Kerala tattoo artist arrested after 6 clients file FIRs

The single bench of Justice PV Kunhikrishnan observed that this is a case in which the entire society has to bow their head in shame. Further, the bench said, “It is an unfortunate case in which a 10-year-old rape victim is pregnant and the medical board says that there is 80 per cent chance of the new-born baby’s survival. The alleged culprit is her own father. If the allegation is correct, I am ashamed and of course, the entire society should bow their head for the same reason. I am sure that the long arm of our legal system will punish him in a manner known to law. Since the victim child is only aged ten years, there is a chance for medical complication to her health. Considering the entire facts and circumstances of the case, according to me, this is a case in which this court should invoke the jurisdiction keeping in mind the Almighty.”

The medical termination of pregnancy is legally allowed only up 24 weeks of the growth of the foetus. MTP will be permitted by the courts in exceptional circumstances either on the ground of health reasons or for rape victims. However, in this case, the medical board found it too risky to opt for MTP as the growth of the foetus had crossed 31 weeks.

The court has also instructed the state to take up the complete responsibility of neonatal care to ensure that the newborn gets the best medical care possible. Besides, the state has to assume the full responsibility of the child if the parents are not willing to or are not in a position to care for the child.

The pregnant child’s father who is accused of raping his own daughter has been arrested.