Kerala HC permits abortion for 15-yr-old rape survivor at 30 weeks

Kochi: The Kerala High Court has permitted a 15-year-old rape survivor to undergo termination of her 30-week pregnancy, directing the state government to make all necessary arrangements for the procedure.

Justice Harishankar V. Menon issued the order on a petition filed by the girl’s mother, based on a report submitted by a medical board constituted by the court to examine the minor.

The medical board assessed that continuing the pregnancy could seriously affect the girl’s mental health. However, given that the pregnancy had reached 30 weeks, the board also warned that the baby could be born alive during the termination procedure. If delivered without serious health complications, the baby was assessed to have a survival chance of more than 95%.

The medical report further indicated that the newborn could require treatment in a neonatal intensive care unit (NICU) for around two months.

The court directed that the procedure be carried out after the girl and her mother submitted their consent. It also ordered the state government to ensure appropriate neonatal care and medical treatment if the baby is born alive.

The court further issued directions concerning the preservation of evidence in the sexual assault case. If the baby is born in a condition where survival is not possible, tissue and blood samples from the foetus are to be preserved for forensic purposes.

The preserved samples can be used for necessary investigations, including DNA testing, in connection with the sexual assault case. The directions seek to address both the minor's medical needs and the evidentiary requirements arising from the criminal investigation.