Kerala: 12-year-old girl 34 weeks pregnant, HC rejects abortion petition; know details

A 12-year-old minor had petitioned the court that she should be allowed medical abortion. In this case, the Kerala High Court had ordered the formation of a medical board to examine the pregnancy of the girl.

Jan 3, 2024 - 10:07
Kerala: 12-year-old girl 34 weeks pregnant, HC rejects abortion petition; know details

Kerala High Court has rejected the petition of a 12-year-old girl for abortion. The court says that the fetus is 34 weeks old. Therefore, abortion cannot be approved at this stage. The girl had a relationship with her minor brother, due to which she became pregnant and now she has sought permission to abort the pregnancy in this matter before the Kerala High Court.

A 12-year-old minor had petitioned the court that she should be allowed medical abortion. In this case, the Kerala High Court had ordered the formation of a medical board to examine the pregnancy of the girl. After the formation of the medical board, it was revealed that the girl was 34 weeks pregnant and in such a situation, she could be allowed to have an abortion because of her young age and it would not affect her mental and physical health. However, the court asked for re-investigation on this.

Instead of abortion, the medical board suggested to the court that the child's womb should be removed through operation after 2-3 weeks because she is completely healthy to give birth to a child. In such a situation, the court refused to allow abortion considering the development of the pregnancy and other reasons.

The court said that the fetus is 34 weeks old, fully developed and preparing for life outside the womb. Apart from this, it was also said that abortion is not possible at this stage and the decision whether the child will be born through cesarean section or normal delivery has been left to the medical experts. However, the parents argued that giving birth to a child would have a serious impact on the girl's physical and mental health. On this, the court allowed the petitioners to take continuous assistance from doctors in the nearby government medical college.

Justice Devan Ramachandran directed the minor girl to remain in the custody and care of the petitioners/parents. The court has also directed the authorities and parents to ensure that her minor brother, against whom charges have been filed, is not allowed to come close to the girl.

Muskan Kumawat Journalist & Content Writer