Medical Termination of 26-week minor pregnant rape victim conceded by Kerala HC

Walayar Case to be re-trialed Says Kerala HC

On Monday, Kerala state High Court granted medical termination to a minor rape victim who is 26 weeks pregnant. A single bench of Justice P.V Asha considered the writ petition and reported that the protraction of the pregnancy is against the will of the victim and unsafe for the 15-year-old victim.

According to section 5 of the “Medical Termination of Pregnancy Act”, Justice P V Asha stated that after the 20 weeks of the gestation period, the pregnancy can be terminated where saving the life of the pregnant women is necessary.

The court relied on the precedents case of Sharmishtha Chakrabortty v. Union of India: (2018) 13 SCC 339; A V. Union of India: (2018)4 SCC 75 and others. In the above cases and others, the priority of the Apex Court was the safety and health security of the women. In such cases, Apex Court permitted for the medical termination even after the 25-26 weeks of gestation period. Medical termination is always promoted whenever there exists a threat of multiple complex problems to the child if born alive and severe mental injury to the woman.

In the present case too, the Kerala High Court stated that the girl is minor and not ready to deliver a child as she herself went under mental trauma. The medical board also advised that it will be a high risk to the minor girl as it can cause post-traumatic stress disorder to her. Court reported the superintendent of Government Medical College, Kottayam to keep a check on the minor girl case and provide her with competent medical supervisors.

In a case, if a child is born, even after attempting medical termination, the doctors shall ensure that the child should develop into a healthy child.  

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Purnima Ojha
‘Law is not law if it violates the principles of eternal Justice’ very beautifully penned down by Lydia Maria Child and I strongly believe, if the law is not made for the goods of people then at least it should not violate the essence of the principle of law that is “JUSTICE”. Law is made to keep each section of society on an equal platform and being a member of the law fraternity, I will try to contribute to the welfare of society. I am Purnima and I graduated from zoology (Hons) and am currently pursuing a law degree from Lloyd law college, Greater Noida. My desire is to bring a fair and unjust environment to our society through my hard work and persistent efforts.