Vinay Kumar | 11 March 2024

The Kerala High Court recently declined to allow the abortion of a 30-week pregnancy carried by a 14-year-old rape survivor after factoring in the advanced stage of the pregnancy in addition to certain reports indicating that it appeared to be a case of “statutory rape” under the provisions of the Protection of the Children from Sexual Offences Act, 2012.

“Apodictically, this is not a case where the victim child’s health is a risk on account of the pregnancy; nor are there any lethal foetal abnormalities detected. The pregnancy is almost in its 9th month and the fetus is gaining weight and fat, getting closer to its eventual birth weight. It’s vital organs, like the brain and lungs, are almost fully developed, preparing for life outside the womb,” the Court pointed out. The Court was hearing the plea seeking the medical termination of pregnancy of a 14-year-old rape survivor; the girl was sexually assaulted by the accused who is now in custody under the POCSO Act. At the outset, the Court noted that there were two lives at stake – one, that of the minor child – who is continuing with the pregnancy, and that of the foetus, which, according to the uncontested Medical Report, is at 30 weeks of gestation with a good foetal heart. The matter was heard at least thrice, and three different interim orders were passed in the matter. The Court indicated that there weren’t any risks associated with the victim child’s health nor were there any lethal foetal abnormalities detected. “The pregnancy is almost in its 9th month and the foetus is gaining weight and fat, getting closer to its eventual birth weight. Its vital organs, like the brain and lungs, are almost fully developed, preparing for life outside the womb”, the court stated. And so, the Court can’t grant the petitioner’s prayer despite being fully empathetic with the condition she and her family is going through, since the victim child is so young. While closing the writ petition, the Court also directed the jurisdictional Child Protection Officer to visit the victim child on a regular basis and offer all kinds of support for continuing the pregnant the pregnancy and the delivery. The officer was also directed to contact the Doctors and other professionals for the delivery. In case of any issue, the Court also directed the petitioners to move the court seeking relief. WP(C) NO. 38593 OF 2023