Kerala High Court Allows 14-Year-Old Rape Survivor to Terminate 28-Week Pregnancy, Cites Her Anguish

Mumbai: The Kerala High Court has allowed the medical termination of a 28-week pregnancy of a 14-year-old rape survivor, observing that the minor’s anguish and unwillingness to continue with the pregnancy must be given due consideration.

Justice Harisankar V. Menon directed the Kerala government to immediately make arrangements for the medical procedure once the girl and her father submit a written undertaking expressing their willingness to undergo the termination.

Court Says Minor’s Wishes Must Be Considered

The order was passed on a petition filed by the victim’s father seeking permission for the medical termination of the pregnancy.

The court observed that the plea deserved to be allowed as the minor survivor did not wish to continue with the pregnancy and held that her mental anguish was an important factor in deciding the case.

Directions If Baby Survives

The High Court further directed that if the baby survives the medical procedure, the Kerala government must ensure that the newborn receives standard neonatal care.

The court also stated that if the minor does not wish to keep the child, the baby should be surrendered to a childcare institution or a recognised specialised adoption agency in accordance with the provisions of the Juvenile Justice Act.

Medical Board’s Findings

The medical board informed the court that at approximately 28 weeks of gestation, the expected birth weight of the baby would be around 1 kilogram, with an estimated 80 per cent chance of survival.

The board also noted that the child could face complications associated with premature birth, including:

• Retinopathy
• Necrotising colitis
• Intraventricular haemorrhage
• Respiratory distress

It further observed that these risks would reduce if the pregnancy continued closer to 34 weeks of gestation, while also noting the possibility of complications due to consanguinity.

Court Prioritises Survivor’s Mental Trauma

While taking note of the medical board’s opinion, Justice Menon observed that although fetal health outcomes could improve with a longer pregnancy, the psychological trauma and anguish suffered by a rape survivor could not be overlooked.

The court held that the emotional distress experienced by the minor was a significant factor that weighed in favour of permitting the termination.

DNA Samples to Be Preserved

The High Court also directed that if the baby does not survive the procedure, the state government must ensure that tissue and blood samples of the foetus are preserved for necessary medical examinations, including DNA fingerprinting and DNA mapping, as a First Information Report (FIR) has already been registered in connection with the alleged sexual assault.

With these directions, the Kerala High Court allowed the medical termination of the pregnancy while laying down a detailed protocol for the authorities to follow in both possible outcomes after the procedure.

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