Kerala HC Allows Termination of 30-Week Pregnancy of 15-Year-Old Rape Survivor

The Kerala High Court has allowed the medical termination of a 30-week pregnancy of a 15-year-old rape survivor, directing the state government to make arrangements for the procedure.

Justice Harisankar V Menon passed the order on a petition filed by the girl's mother seeking termination of the pregnancy.

The court's decision followed the report of a medical board constituted to examine the minor, which opined that termination was the most suitable option as continuation of the pregnancy could significantly affect the mental health of the sexual assault survivor.

The medical board, however, noted that as the pregnancy had crossed 30 weeks, the baby would be born alive and had more than a 95 per cent chance of survival, provided there were no major anomalies or perinatal complications.

The board further stated that the newborn would require treatment in a neonatal intensive care unit (NICU) for around two months.

Taking note of the report, the High Court directed the state to ensure that the termination procedure was carried out after obtaining an undertaking from the girl and her mother confirming that the minor was willing to undergo it.

The court also issued directions in case the baby survives the procedure.

“If the child survives, the state shall provide appropriate measures and standard neonatal care,” the court said, adding that necessary medical treatment should be provided if the child subsequently develops complications.

The court further directed that if the baby does not survive, the state should preserve tissue and blood samples of the foetus for necessary medical examinations, including DNA testing, fingerprinting and mapping.

An FIR has already been registered in connection with the sexual assault of the girl.

The court's directions seek to address both the medical needs of the minor survivor and the legal requirements arising from the criminal investigation into the alleged sexual assault.