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Do The Needful: Kerala High Court Direct Hospital On Plea For Termination Of Pregnancy By 10Yr Old Rape Victim

Hannah M Varghese

10 March 2022 9:45 AM GMT

    • Do The Needful: Kerala High Court Direct Hospital On Plea For Termination Of Pregnancy By 10Yr Old Rape Victim

    The Kerala High Court on Thursday came to the aid of a 10-year old girl who was allegedly sexually abused by her father, by permitting her to undergo medical termination of her 8-month (30 weeks) old pregnancy.Finding the plight of the girl who became pregnant at such a tender age 'unfortunate', Justice P.V. Kunhikrishnan allowed the plea for medical termination of pregnancy moved by the...

    The Kerala High Court on Thursday came to the aid of a 10-year old girl who was allegedly sexually abused by her father, by permitting her to undergo medical termination of her 8-month (30 weeks) old pregnancy.

    Finding the plight of the girl who became pregnant at such a tender age 'unfortunate', Justice P.V. Kunhikrishnan allowed the plea for medical termination of pregnancy moved by the girl's mother. 

    "The alleged culprit is her own father. If the allegation is correct, I am ashamed of and of course, the entire society should bow their head for the same reason. I am sure that long arm of our legal system will punish him in a manner known to law. Since the victim child is only aged ten years, there is a chance for medical complication to her health. Considering the entire facts and circumstances of the case, according to me, this is a case in which this Court should invoke the jurisdiction keeping in mind the Almighty", the single judge bench noted.

    Earlier, when the case was taken up, the medical board constituted to examine the minor girl had opined that a surgery would have to be performed for terminating the pregnancy and that there was an 80% chance the baby might survive the procedure.

    The board had also said that there were risks of neonatal morbidities and also a chance of medical complications with regard to the health of the minor victim.

    Therefore, the Court directed the State government and the hospital to ensure that the infant is provided with all necessary medical assistance if it is born alive.

    Directions Issued:
    (i) The respondent hospital is permitted to do the needful in accordance to the Medical Termination of Pregnancy Act within one week. If they need any expert medical assistance from any other specialists, a request can be forwarded to the Director of Health Services, who will do the needful forthwith.
    (ii) If the baby is born alive, the Hospital will do the needful in accordance with law and assume full responsibility to ensure that such child is offered the best medical treatment available in the circumstances in order that it develops into a healthy child.
    (iii) It is also declared that if the parents of the child are not willing to or not in a position to assume the responsibility of the child, then the State and its agency will have to assume full responsibility of such child and offer such child medical support and facilities as may be reasonably feasible, adhering always to the principle of best interests of such child as well as the statutory provisions in the Juvenile Justice Act.

    With these directions, the plea was allowed.

    Advocates M. Kabani Dinesh and C. Anchala appeared for the petitioner. Government Pleader Vidya Kuriakose also appeared in the matter. 

    Case Title: YYY v. Union of India

    Citation: 2022 LiveLaw (Ker) 123

    Click Here To Read/ Download The Order


    Tags
    Kerala High CourtJustice P.V. KunhikrishnanMedical Termination of Pregnancy Act30 weeks2022 LiveLaw (Ker) 123
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