THE KERALA HIGH COURT HAS GRANTED A 10 YEAR OLD RAPE SURVIVORS REQUEST TO ABORT A 30 WEEK OLD PREGNANCY

 

The Kerala High Court on Thursday permitted medical termination of a 10-year-old rape survivor's 30-week-old pregnancy to protect her health.
Even though the kid has an 80% probability of surviving the treatment, Justice PV Kunhikrishnan believes there is a risk of serious consequences affecting the 10-year-old's health.
The court in its judgment stated that

"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 long arm of our legal system will punish him in a manner known to law"

The Court also expressed dismay for the fact that the suspected rapist is the little girl's own father, and stated that society as a whole should be embarrassed.
The decision was taken in response to a petition filed by the mother of the 10-year-old survivor, who sought permission to undergo medical termination of her pregnancy under the Medical Termination of Pregnancy Act, 1971, as well as a directive to the concerned hospital to carry out the procedure in accordance with the law.The hospital was ordered to form a Medical Board and provide a report within two days when the case initially came before the Court.

According to the report, the pregnancy was 'breech presentation,' meaning the baby was positioned so that its legs and posterior came out first, necessitating a surgical delivery under anaesthesia. It also said that the kid has an 80% probability of surviving at 30 weeks and 6 days, with an anticipated weight of 1.557 kg. However, there is a danger of neonatal morbidity as well as a negative neuro-developmental result for the new-born kid.

Furthermore, the hospital is ethically and medicolegally obligated to resuscitate and care for the new-born infant owing to the foetus's age.
After reviewing the report, as well as the minor rape survivor's age and other circumstances, the Court agreed to give the hospital a week to complete the necessary procedures under the Medical Termination of Pregnancy Act.

Furthermore, the Court ordered that if the baby is born alive and the child's parents are unwilling or unable to assume responsibility for the child, the State and its agencies must assume full responsibility for the child, including medical support and other facilities as may be reasonably possible, while always adhering to the principle of the child's best interests as well as the statutory provisions in the Juvenile Justice Act.