The Kerala High Court granted permission for a juvenile girl who was pregnant by her own brother to have the pregnancy medically terminated, citing the likelihood of numerous social and medical ramifications in the event that abortion was not approved.
Even according to the findings of a medical board appointed to assess the girl, Justice Ziyad Rahman A. A. stated that the victim, a 15-year-old girl, would certainly suffer severe harm to her social and mental health if the pregnancy continued above 32 weeks.
The court said: “Considering the fact, the child is born from her own sibling, various social and medical complications are likely to arise. In such circumstances, the permission as sought for by the petitioner to terminate the pregnancy is inevitable.
“Upon perusal of the medical report, it is evident that the child is physically and mentally fit for medical termination of pregnancy. It is also stated that continuation of pregnancy is likely to cause grave injury to the social and mental health of the child”.
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The Judge said in his order dated May 19 that: “In such circumstances, I am inclined to allow medical termination of pregnancy of the daughter of the petitioner.
“Therefore, it is ordered that respondents 4 (District Medical Officer, Malappuram) and 5 (Superintendent, Government Medical College Hospital, Manjeri) are directed to take urgent steps to medically terminate the pregnancy of the minor daughter of the petitioner without any delay”.
The court adjourned the matter to be taken up again a week from May 19.
It said: “On the next date, a report regarding the completion of the procedure has to be placed before the court”.
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