Kerala High Court rejects plea by minor to terminate 34-week-old pregnancy from incestuous relationship with brother

The Kerala High Court recently refused a plea filed by a 12-year-old girl seeking medical termination of her 34-week-old pregnancy from an incestuous relationship with her minor brother..Justice Devan Ramachandran held that medical termination of pregnancy was not an option as the foetus had already reached 34 weeks of gestation and was now fully developed.The Court directed the minor girl’s parents to seek continuous assistance from the Government Medical College at Manjeri for delivery. After 36 weeks, they can approach the Superintendent for an expert evaluation to decide on the delivery method, the Court added.The Court emphasized protection for the baby post-delivery and imposed restrictions to prevent the brother's access to the minor girl.Additionally, the Court stressed the importance of maintaining the petitioners' anonymity throughout the process..The Court was considering a petition seeking permission for the medical termination of the pregnancy.The plea said that delivering the baby would cause cataclysmic consequences to the young girl's physiological and psychological well-being..The Court, after reviewing medical opinions from a Special Medical Board initially ordered the formation of a Review Medical Board.The Medical Board's initial recommendation favored termination due to the girl's young age, psychological trauma, and the risks associated with prematurity. However, upon a review, the Board suggested continuing the pregnancy and opting for a caesarean section delivery considering its lesser psychological impact.After further interactions and discussions with the medical experts, the Court rejected the plea for termination of pregnancy considering the fetus's gestation of 34 weeks.The Court directed the petitioners to seek continuous assistance from the Government Medical College at Manjeri and emphasized that a thorough evaluation be conducted once the foetus is 36 weeks old in order to decide on the delivery method.Additionally, directives were issued to ensure the safety and protection of the individuals involved including restrictions on the brother's access and maintaining the petitioners' anonymity..The petitioners were represented by advocates KM Firoz and PC Muhammed Noushiq.The State and its authorities were represented by Government Pleader Vidya Kuriakose..[Read Judgment]