A 15-year-old girl, victim of child abuse and 24 weeks pregnant, has been allowed to terminate her pregnancy by the Kerala High Court.
Although the Medical Termination of Pregnancy Act, 1971 only allows pregnancy termination within 24 weeks, the court said that it is going to allow the request of the victim to terminate the pregnancy by exercising discretion under Article 226 (empowers High Court to issue to anyone directions, orders or writs).
“Having given careful thought to the vexing question, I deem it appropriate to lean in favour of the minor girl, rather than sticking to the strict letter of law,” said Justice VG Arun, who heard the plea.
Abortion, as per section 312, is a punishable offence but allows exception as per section 3(2) of the MTP Act, which says that as long as the pregnancy does not exceed 24 weeks, the pregnancy maybe terminated if it involves risk to the mother’s life or health, or else if the child would be born with metal or physical disability.
Quoting the sections, Judge Arun said that the court is faced with the question whether to “permit the prayer for termination of pregnancy by exercising the discretion under Article 226 and thereby, relieve the girl of the physical and mental stress or to deny permission, adopting a rigid interpretation of the statutory provisions.”
The minor girl in this case is the victim in a POCSO (Protection of Children from Sexual Offences Act) case. Deciding to favour her plea, Judge Arun further addressed the question of what was to be done with the child if it is born alive.
If the baby is born alive, the hospital should ensure the best medical treatment for it, and if the petitioner does not wish to take the responsibility of the child, then the State shall, the court ordered.
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