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Kerala HC Allows Medical Termination of 28-Week Pregnancy to Aid Minor Rape Victims

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PTI    18 August 2022

The Kerala High Court has come to the aid of a minor rape victim by permitting the medical termination of her 28-week-old pregnancy. The high court permitted the medical termination of pregnancy (MTP) based on the report of a medical board that had examined the victim. They opined that the anguish caused by the continuation of the pregnancy could be presumed to cause a grave injury to the mental health of the 14-year-old girl.

On August 12th, the board was constituted on the court’s order and recommended MTP and directed the petitioner, the girl’s mother, to file an appropriate undertaking, authorizing the medical team to conduct the surgery at her risk. The court also added that if the fetus was alive after the procedure, the hospital should ensure the baby was offered the best medical treatment available so that it develops into a healthy child.

The court suggested that if the petitioner is not willing to assume the responsibility for the baby, the state and its agencies should assume full responsibility, offering medical support and facilities to the child, as per the statutory provisions in the Juvenile Justice (Care and Protection of Children) Act, 2015.

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