Kochi: Coming to the aid of a 10-year old girl who is over 30 weeks pregnant after being sexually abused, allegedly by her father, the Kerala High Court on Thursday permitted medical termination of her pregnancy by the SAT Hospital in Thiruvananthapuram.
Since a medical board, constituted to examine the victim, had opined that there was an 80 per cent chance of the baby surviving the procedure, the court asked the state government and the hospital to ensure the infant is provided all necessary medical assistance if it is born alive.
With these directions, the court allowed the plea moved by the mother of the minor rape victim seeking termination of her pregnancy.
Finding the plight of the girl who became pregnant at such a tender age 'unfortunate', Justice P.V. Kunhikrishnan allowed the plea for medical termination of pregnancy moved by the girl's mother.
"The alleged culprit is her own father. If the allegation is correct, I am ashamed of and of course, the entire society should bow their head for the same reason. I am sure that long arm of our legal system will punish him in a manner known to law. Since the victim child is only aged ten years, there is a chance for medical complication to her health. Considering the entire facts and circumstances of the case, according to me, this is a case in which this Court should invoke the jurisdiction keeping in mind the Almighty", the single judge bench noted.
The medical board, in its report, had said that a surgery would have to be performed for terminating the pregnancy and that there was an 80 per cent chance the baby might survive.
The board had also said that there were risks of neonatal morbidities and also a chance of medical complications with regard to the health of the minor victim.
