Kerala HC allows medical termination of 30-week pregnancy of 15-year-old rape survivor

KOCHI: The Kerala High Court has allowed the medical termination of a 30-week pregnancy of a 15-year-old rape survivor, following a plea by her mother.

Justice Harisankar V Menon allowed the plea filed by the girl's mother seeking termination of the pregnancy and directed the state government to make arrangements for the procedure.

The court issued the direction after a medical board constituted by it to examine the girl opined that medical termination was the most suitable option, as continuation of the pregnancy would significantly affect the mental health of the 15-year-old sexual assault survivor.

The board said that since the gestation had crossed 30 weeks, the baby would be born alive and had more than a 95 per cent chance of survival if no major anomalies or perinatal complications occurred.

It also said the baby would require a stay in the neonatal intensive care unit (NICU) for about two months.

Based on the medical board's report, the court directed the state to ensure that the procedure was carried out after obtaining an undertaking from the victim and her mother that the girl was willing to undergo it.

"If the child survives, the state shall provide appropriate measures and standard neonatal care. If the child still develops complications, as voiced by the report of the medical board, the necessary medical aid shall be provided by the state to the child, as and when it arises," the court said.

The court directed that if the baby did not survive, the state should preserve tissue and blood samples of the foetus for necessary medical tests, including DNA, fingerprinting and mapping, as an FIR had been registered in connection with the sexual assault of the girl.