Kerala HC allows minor rape survivor to abort pregnancy


A woman’s reproductive choice is part of her individual liberties under Article 21, the Kerala High Court said, allowing abortion due to pregnancy of minor rape victims.

Judge VG Arun, in an order issued on December 12, allowed a 17-year-old mentally ill girl’s petition to terminate a pregnancy that had reached 26 weeks.

“Women’s right to make reproductive choices is recognized as part of their individual liberties under article 21 and, of course, subject to reasonable restrictions,” the court said.

After considering all aspects by the medical board, the court found that continuing pregnancy could have a serious impact on the victim’s mental health, and that she was more likely to develop depression and psychosis. said to have shown

The court said, “Given the opinion of the medical board and the mental state of the victim, we tend to permit abortion prayers.”

He also expressed the opinion that daily delays increase the suffering of victims.

The pregnancy is said to be the result of rape by a neighbor.

The family approached court after they found out about the pregnancy after she was recently examined by a gynecologist.

The court ordered the procedure to be carried out in a public hospital.

“If the baby is alive at birth, the hospital must ensure that it provides the best medical care available so that the baby will grow up to be a healthy baby,” the court said.

The court also ruled that if the petitioner does not want to be responsible for the baby, the state and its agencies, bearing in mind the child’s best interests and the provisions of the law, will provide the child with medical assistance and facilities, I said I had to take responsibility. Juvenile Justice (Child Care and Protection) Act 2015.



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