Kerala High Court permits abortion of 28-week pregnancy of 14-year-old rape survivor
The Kerala High Court allowed a 14-year-old rape survivor to terminate her 28-week pregnancy. The court said her anguish matters and ordered the state to manage both possible outcomes.
The Kerala High Court has allowed the medical termination of a 28-week pregnancy of a 14-year-old rape survivor, saying her anguish must be taken into account.
The court directed the Kerala government to immediately make arrangements for the procedure once the girl and her father submit a written undertaking showing their willingness to undergo it.
Justice Harisankar V Menon said the plea had to be allowed as the girl did not want to continue with the pregnancy.
The court also said that if the baby survives the procedure, the state must provide standard neonatal care, and if the girl does not want the child, it must be surrendered to a childcare institution or a specialised adoption agency under the Juvenile Justice Act.
The order came on a petition filed by the victim's father. The medical board had said that at around 28 weeks of gestation, the expected birth weight would be about 1 kg and the expected survival chance would be 80 per cent.
It also said the baby could face complications linked to premature birth, including retinopathy, necrotising colitis, intraventricular haemorrhage and respiratory distress.
The board had further said, "These morbidities are less if gestational age is near 34 weeks. There is also a chance of complications due to consanguinity."
However, the judge noted that although the board had opined that foetal morbidities would be lower if the pregnancy was closer to 34 weeks, the anguish caused by the pregnancy in the case of a rape survivor had to be considered.
The court also said that if the baby does not survive the procedure, the government must ensure that tissue and blood samples of the foetus are preserved for necessary medical tests, including DNA fingerprinting and mapping, as an FIR has been registered in the sexual assault case.
In sum, the court allowed the termination, set out the steps the state must take, and issued directions for both possible outcomes after the procedure.
The Kerala High Court has allowed the medical termination of a 28-week pregnancy of a 14-year-old rape survivor, saying her anguish must be taken into account.
The court directed the Kerala government to immediately make arrangements for the procedure once the girl and her father submit a written undertaking showing their willingness to undergo it.
Justice Harisankar V Menon said the plea had to be allowed as the girl did not want to continue with the pregnancy.
The court also said that if the baby survives the procedure, the state must provide standard neonatal care, and if the girl does not want the child, it must be surrendered to a childcare institution or a specialised adoption agency under the Juvenile Justice Act.
The order came on a petition filed by the victim's father. The medical board had said that at around 28 weeks of gestation, the expected birth weight would be about 1 kg and the expected survival chance would be 80 per cent.
It also said the baby could face complications linked to premature birth, including retinopathy, necrotising colitis, intraventricular haemorrhage and respiratory distress.
The board had further said, "These morbidities are less if gestational age is near 34 weeks. There is also a chance of complications due to consanguinity."
However, the judge noted that although the board had opined that foetal morbidities would be lower if the pregnancy was closer to 34 weeks, the anguish caused by the pregnancy in the case of a rape survivor had to be considered.
The court also said that if the baby does not survive the procedure, the government must ensure that tissue and blood samples of the foetus are preserved for necessary medical tests, including DNA fingerprinting and mapping, as an FIR has been registered in the sexual assault case.
In sum, the court allowed the termination, set out the steps the state must take, and issued directions for both possible outcomes after the procedure.
The Kerala High Court has allowed the medical termination of a 28-week pregnancy of a 14-year-old rape survivor, saying her anguish must be taken into account.
The court directed the Kerala government to immediately make arrangements for the procedure once the girl and her father submit a written undertaking showing their willingness to undergo it.
Justice Harisankar V Menon said the plea had to be allowed as the girl did not want to continue with the pregnancy.
The court also said that if the baby survives the procedure, the state must provide standard neonatal care, and if the girl does not want the child, it must be surrendered to a childcare institution or a specialised adoption agency under the Juvenile Justice Act.
The order came on a petition filed by the victim's father. The medical board had said that at around 28 weeks of gestation, the expected birth weight would be about 1 kg and the expected survival chance would be 80 per cent.
It also said the baby could face complications linked to premature birth, including retinopathy, necrotising colitis, intraventricular haemorrhage and respiratory distress.
The board had further said, "These morbidities are less if gestational age is near 34 weeks. There is also a chance of complications due to consanguinity."
However, the judge noted that although the board had opined that foetal morbidities would be lower if the pregnancy was closer to 34 weeks, the anguish caused by the pregnancy in the case of a rape survivor had to be considered.
The court also said that if the baby does not survive the procedure, the government must ensure that tissue and blood samples of the foetus are preserved for necessary medical tests, including DNA fingerprinting and mapping, as an FIR has been registered in the sexual assault case.
In sum, the court allowed the termination, set out the steps the state must take, and issued directions for both possible outcomes after the procedure.
