Kerala High Court Allows Termination Of 7-Month Pregnancy Of Minor Girl Impregnated By Her Brother

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• May 22, 2023 | Dhupali Das

The Kerala High Court on Monday granted a minor girl, who was impregnated by her brother, the right to abort her 7-month pregnancy...

Digital Desk: The Kerala High Court on Monday granted a minor girl, who was impregnated by her brother, the right to abort her 7-month pregnancy. The minor girl's father sought to get the pregnancy terminated. The court also stated that if abortion is not permitted, significant social and medical difficulties are likely to occur.

Based on the report presented by the medical board formed to evaluate the girl, a single bench of Justice Ziyad Rahman made the decision that continuing the over-32-week pregnancy was likely to do grave harm to the social and mental health of the 15-year-old victim.

As the child is born from her own brother, several social and medical complications are likely to arise. In such instances, the petitioner's request for authorization to end the pregnancy must be granted," the court said. 

"It is clear from the medical report that the child is physically and mentally fit for medical abortion. It is also stated that continuing the pregnancy is likely to cause grave harm to the child's social and mental health," the court claimed.

According to the medical board, there was also a possibility that the girl would give birth to an alive baby. "In such situations, I am inclined to permit the petitioner's daughter's pregnancy to be terminated medically."

"Therefore, it is ordered that respondents 4 (District Medical Officer, Malappuram) and 5 (Superintendent, Government Medical College Hospital, Manjeri) take urgent steps to medically terminate the pregnancy of the petitioner's minor daughter without any delay," the judge said in his order dated May 19, as quoted by news agency PTI.