Kerala HC to aid of another minor rape victim; allows pregnancy termination

High Court of Kerala
The High Court of Kerala said that an unborn child need not be distinguished from a newborn.

Kochi: The Kerala High Court on Wednesday came to the aid of another minor rape victim by paving the way for her to undergo medical termination of the pregnancy which was a result of the sexual assault committed on her.

This is the third such order passed by the high court in the last one week, with the first one being on September 14. In the earlier two cases, the victims were more than 26 weeks pregnant and based on a medical board's recommendation, abortion was permitted.

In the latest case, the 16-year-old victim was 8 weeks pregnant and had to move the court as the private hospital she had approached for terminating the pregnancy refused to carry out the procedure as a crime had been committed.

The state government lawyer said that a permission of the court was not required in the instant case as under the Medical Termination of Pregnancy Act, a pregnancy of less than 12 weeks can be aborted by a medical practitioner if he or she is of the opinion that continuing with it would be detrimental to mental and physical health of the victim.

Subsequently, the high court directed the girl's father to approach a government hospital with a copy of the order in the instant matter for carrying out medical termination of the pregnancy. With the direction, the plea moved by the victim's father seeking permission for medical termination of pregnancy was disposed of.  

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