Minor impregnated by brother; Kerala High Court allows termination of 7-month pregnancy

'Continuation of pregnancy is likely to cause grave injury to the social and mental health of the child,' the court observed

The Kerala High Court has allowed medical termination of pregnancy of a minor girl who was impregnated by her own brother, saying that various social and medical complications are likely to arise if abortion was not permitted.

Justice Ziyad Rahman A A said that even according to the report of a medical board constituted to examine the girl, continuation of the over 32 week pregnancy was likely to cause grave injury to the social and mental health of the 15-year old victim.

"Considering the fact, the child is born from her own sibling, various social and medical complications are likely to arise. In such circumstances, the permission as sought for by the petitioner to terminate the pregnancy is inevitable.

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"Upon perusal of the medical report, it is evident that the child is physically and mentally fit for medical termination of pregnancy. It is also stated that continuation of pregnancy is likely to cause grave injury to the social and mental health of the child," the court said.

"In such circumstances, I am inclined to allow medical termination of pregnancy of the daughter of the petitioner.

"Therefore, it is ordered that, respondents 4 (District Medical Officer, Malappuram) and 5 (Superintendent, Government Medical College Hospital, Manjeri) are directed to take urgent steps to medically terminate the pregnancy of the minor daughter of the petitioner without any delay," the judge said in his order dated May 19.

The court posted the matter to be taken up again a week from May 19.

On the next date, a report regarding completion of the procedure has to be placed before the court, it said.