Kerala High Court Rejects 16-Year-Old Rape Survivor's Abortion Petition

The Kerala High Court on Wednesday declined a 16-year-old rape survivor's petition for abortion, saying that her medical report does not show any anomaly to the foetus or that going ahead with the pregnancy was injurious to her mental health.

Justice V G Arun permitted the minor and her parents to give up the baby for adoption post delivery, if they so desired, and directed the state government to take necessary steps in accordance with the law to facilitate the same.

The Medical Board constituted to examine the girl had given a report recommending medical termination of pregnancy on the ground that "continuation of the pregnancy will significantly affect the mental health of the 16 year old rape victim, as the conception follows rape".

"The report of the Medical Board does not reveal substantial anomaly to the foetus and the report also does not reveal that the mental condition of the survivor is of such nature that it constitutes grave injury to her mental health.

"In such circumstances, the prayer for medical termination of pregnancy can only be declined," the court said, disagreeing with the Board's recommendation as it did not have an expert in Psychology and mental health as its member.

The petition for medical termination of pregnancy was moved by the girl's parents after she was 26 weeks and 5 days pregnant.

"The pregnancy is alleged to be the result of repeated instances of rape committed on the girl by her lover. The victim and her parents were unaware about the pregnancy till the girl was examined by a gynaecologist," the court noted.

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