Kerala high court allows abortion for minor rape victim after overturning previous decision

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The Kerala High Court has overturned a single judge's order that had rejected a 16-year-old rape victim's plea for an abortion. The court has now allowed her to undergo the medical termination of her pregnancy, which had exceeded 26 weeks.

A division bench, comprising Chief Justice Nitin Jamdar and Justice S Manu, stated that the single judge's decision did not take into account the potential mental trauma the minor could face. This, according to PTI, was because there had been no psychiatrist on the medical board that examined the girl. The bench noted that the single judge should have instructed the girl to be evaluated by a psychiatrist. "Unfortunately, no such direction was issued," the bench said, setting aside the previous ruling on an appeal filed by the victim's mother.

When the appeal was heard on November 7, the division bench directed that the girl be examined by a psychiatrist to assess the distress caused by the pregnancy. The psychiatrist's report confirmed that the minor was suffering from an adjustment disorder with depressive symptoms. It concluded that she did not have the mental capacity to continue with the pregnancy, and that continuing the pregnancy would be harmful to her mental health. According to PTI, the division bench then allowed the medical termination of the pregnancy based on the findings of the medical board and the psychiatrist.

The court instructed the Government Medical College Hospital in Kochi to carry out the termination procedure. It also ordered that the foetal tissues and blood samples be preserved for medical tests, including DNA fingerprinting and mapping, as an FIR had been filed in the case. "The hospital shall preserve the blood samples and tissues of the foetus to carry out necessary medical tests, including DNA and other tests as ordered," the bench said.

In the event that the foetus is born alive, the bench further instructed that the doctor performing the procedure must ensure the necessary facilities are provided to attempt to save the infant's life. "If the child is born alive and the minor or her parents are unwilling to take responsibility for the baby, the state and its agencies will assume full responsibility," the bench added.

Previously, on October 30, a single judge had ruled that the minor's medical report did not indicate any abnormalities in the foetus or any significant risk to the girl's mental health if the pregnancy continued. Justice V G Arun had suggested that the minor and her parents could choose to put the baby up for adoption after delivery, should they wish to do so. The pregnancy was allegedly the result of repeated rapes by the girl's partner, and both the victim and her parents were unaware of the pregnancy until it was discovered by a gynaecologist, according to PTI.