The Kerala High Court has made a decision declining the request for the termination of a 30-week pregnancy involving a 14-year-old girl, citing the advanced stage of the pregnancy as a crucial factor.
Justice Devan Ramachandran dismissed the plea filed by the girl's mother seeking abortion for her daughter. The court highlighted that the case didn't present a situation where the health of the young girl was at immediate risk due to the pregnancy, nor were there indications of any severe abnormalities in the foetus.
The mother's plea for terminating the pregnancy was grounded in the fact that her daughter had been a victim of rape, and the alleged perpetrator was under custody according to the POCSO Act.
While acknowledging that the records indicated the survivor had not been coerced, the court emphasized the young age of the victim, deeming the incident as "statutory rape" considering her tender age of 13 to 14 years.
Noting that the pregnancy was nearing completion, almost in the ninth month, and with the foetus showing significant development, the court reasoned against permitting the termination. The judge, expressing empathy for the family's plight given the young age of the victim, outlined the advanced stage of the foetus' growth, mentioning the nearly full development of vital organs like the brain and lungs.
The court highlighted the medical report stating the pregnancy's advancement at 30 weeks with a healthy foetal heart, making termination impossible. It emphasized that the only feasible method would be delivery via caesarean section, ensuring the baby would be born alive with a promising future.
While underscoring the need to provide legal protection to both the mother and her minor daughter, the court directed the Child Protection Officer to extend regular support and assistance to the survivor and her family throughout the pregnancy and childbirth within the lawful and administrative framework.
