Kerala High Court permits a young rape victim to end a 28-week pregnancy

The Kerala High Court has helped a young victim of rape by allowing her to have a medically assisted abortion of her 28-week pregnancy. Based on a medical board’s report that evaluated the girl and concluded that the “anguish produced by continuation of the pregnancy can be anticipated to create a significant impairment to the 14-year-old girl’s mental health,” the high court approved the medical termination of pregnancy. On August 12, the board was established according to a court ruling.

In light of the medical board’s advice, the court ordered the girl’s mother, the petitioner, to submit an adequate undertaking authorising the medical staff to perform the procedure at her risk while still permitting the surgical termination of the pregnancy. The hospital must make sure the foetus receives the finest medical care if it is still alive after the surgery, according to the court, in order for it to grow into a healthy child.

The Juvenile Justice (Care and Protection of Children) Act of 2015’s statutory provisions and the best interests of the child must be taken into consideration, the court ruled. “If the petitioner is not willing to assume the responsibility of the baby, the state and its agencies shall assume full responsibility and offer medical support and facilities to the child, as may be reasonably feasible,” it said.