A Division Bench of the Kerala High Court has allowed a 14-year-old rape survivor to terminate her 24-week-long pregnancy holding that a person’s right to make a reproductive choice is a facet of one’s personal liberty.
The Bench of Justice A.K. Jayasankaran Nambiar and Justice Shaji P. Chaly, while allowing the petition filed by the girl’s parent seeking permission to terminate the pregnancy, observed that it was a difficult and disheartening situation. “A person’s right to make a reproductive choice is a facet of her personal liberty as understood under Article 21 of our Constitution. The said choice would extend to deciding whether or not to carry her pregnancy to its full term,” observed the court.
A medical board constituted on the directive of the court had reported that continuation of the pregnancy at 14 years would pose a risk to the life of the girl besides affecting her mental health. The psychiatrist who had examined the victim reported that continuing the pregnancy would involve risk of mental health issues. The patient did not appear to have the maturity required for a mother-to-be. She also told the medical board that she wanted to get her pregnancy terminated at the earliest.
The court directed the doctors to take the tissue of the foetus for DNA identification and maintain it intact.