Kerala HC allows abortion to 10-yr-old, says ‘ashamed’ father is rapist

As the pregnancy was around 31 weeks, the court said if the newborn was alive, the hospital concerned would have to ensure best medical treatment for the baby to develop into a healthy child. The state government and the child welfare committee were directed to take full responsibility of the child, if the parents were not willing to assume responsibility for the baby.

Upon admitting the plea on March 7, the court had ordered a medical board be formed to examine the minor’s stage of pregnancy. The medical board, in its report, said: “Since the pregnancy is around 31 weeks and breech presentation, operative delivery is needed with the associated anaesthesia and surgical risks. At 30 weeks 6 days, there is an 80 per cent chance of the baby surviving. There is risk of neonatal morbidities and need for NICU care and also adverse neurodevelopmental outcomes for the newborn. At 30 weeks 6 days, we are ethically and medicolegally liable to resuscitate and give care to the newborn.’’

The rape victim’s mother sought directions from the court, permitting her daughter to undergo medical termination of her pregnancy under the provision of the Medical Termination of Pregnancy Act, 1971.

The court said it was an unfortunate case in which a 10-year-old rape victim was pregnant and the medical board said there was 80 per cent chance of the baby surviving. “The alleged culprit is her own father. If the allegation is correct, I am ashamed of and of course, the entire society should bow their head for the same reason. I am sure that the long arm of our legal system will punish him in a manner known to law. Since the victim child is only 10 years, there is a chance for medical complications to her health. Considering the entire facts and circumstances of the case, according to me, this is a case in which this court should invoke the jurisdiction,” the judge said.