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Kerala High Court allows minor, impregnated by brother, to terminate 7-month pregnancy


Mangalore Today News Network

Thiruvanantapuram, May 22, 2023: The Kerala High Court on Monday allowed a minor girl, who was impregnated by her brother, to terminate her 7-month pregnancy. The minor girl’s father had sought to get her pregnancy terminated. The court further said that various social and medical complications are likely to arise if abortion was not allowed.

 

kerala HC


A single bench of Justice Ziyad Rahman made the decision based on the report submitted by the medical board, constituted to examine the girl, continuation of the over 32-week pregnancy was likely to cause grave injury to the social and mental health of the 15-year old victim.

"Considering the fact that the child is born from his own sibling, various social and medical complications are likely to arise. In such circumstances, the permission as sought for by the petitioner to terminate the pregnancy is inevitable.

"Upon perusal of the medical report, it is evident that the child is physically and mentally fit for medical termination of pregnancy. It is also stated that continuation of pregnancy is likely to cause grave injury to the social and mental health of the child," the court said.

It also said there was a possibility that the girl would give birth to a live baby, according to the medical board. "In such circumstances, I am inclined to allow medical termination of pregnancy of the daughter of the petitioner.

"Therefore, it is ordered that, respondents 4 (District Medical Officer, Malappuram) and 5 (Superintendent, Government Medical College Hospital, Manjeri) are directed to take urgent steps to medically terminate the pregnancy of the minor daughter of the petitioner without any delay," the judge said in his order dated May 19 as quoted by news agency PTI.


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