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Kerala High Court has allowed medical termination of a 30-week pregnancy of a minor rape victim. The court has expressed its concern over the increasing number of child pregnancies while issuing the order. The court permitted the petitioner, who is the parent of the victim to get the pregnancy terminated at a Government Hospital.
The Court also directed the petitioner to file an appropriate undertaking, authorising them to conduct the surgery at 'her family's risk.
In the order, Court observed that "the incredulous but harsh truth is that the girl is impregnated by her sibling, who is also a minor."
Single Bench of Justice VG Arun opined that it is the time for authorities to take a relook at the sexual education being imparted in the schools.
The Kerala High Court also expressed concerns on the easy availability of online porn. The court said that such things can give wrong ideas to youngsters and therefore, there was a need to educate children about the safe use of internet.
The court said it was time for the authorities to "take a re-look at the sexual education being imparted in our schools".
"Before parting with the case, I am compelled to express concern at the increasing number of child pregnancies, in which, at least some cases involve close relatives. In my opinion, it is time for the authorities to take a re-look at the sexual education being imparted in our schools. The easy availability of porn on the internet can mislead the juvenile minds of youngsters and give them wrong ideas. Educating our children about the safe use of the internet and social media is absolutely essential," Justice Arun said.
The court said Superintendent of the hospital shall take immediate measures for constituting a medical team for conducting the abortion procedure. The petitioner (victim's mother) shall file an appropriate undertaking, authorising to conduct the surgery at her risk. "If the baby is alive at birth, the hospital shall ensure that the baby is offered the best medical treatment available, so that it develops into a healthy child."
It further said that if the petitioner was not willing to assume responsibility of the baby, the state and its agencies "shall assume full responsibility and offer medical support and facilities" to the infant as may be reasonably feasible, keeping in mind the child's best interests and the relevant statutory provisions.
The girl's mother, in her plea in the court, had said that the pregnancy was noticed when the victim was taken to a doctor after she complained of abdominal pain and having missed her periods for more than two months.
The physical strain of carrying a pregnancy at such a young age and the psychological impact and consequent mental stress were the reasons given for seeking a direction from the court for terminating the pregnancy medically.