Kerala HC Rejects Plea Seeking Abortion Of 12-Year-Old Impregnated By Minor Brother

The Kerala High Court denied a plea requesting the termination of a 12-year-old girl’s pregnancy who was allegedly impregnated by her minor brother. The Kerala HC rejected the plea stating that the foetus had already reached 34 weeks, fully developed and preparing for life outside the womb. 

The court observed that the termination of a foetus at this age is not tenable, if not impossible. The Kerala HC said the child must be allowed to be born either through a caesarean section or normal delivery, as per the advice of medical experts. 

The girl’s parents had sought termination of the pregnancy through a petition. The parents argued that the child's birth would affect the physical and mental well-being of their 12-year-old  daughter. 

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The court’s order on December 22 permitted the petitioners to get ongoing support from doctors at the nearby Government Medical College. A bench of Justice Devan Ramachandran instructed that after 36 weeks of pregnancy, they can contact the Medical College Superintendent for an assessment by specialists, who will then determine the mode of delivery.

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The court guaranteed safety for the baby after birth, highlighting the girl’s comfort with her parents until delivery. The parents were instructed to keep the accused brother away from her, with competent authorities implementing this instruction. The court also stressed maintaining the girl’s privacy during and after the process.