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Judgment
31 paragraphs · 736 wordsP.V.Kunhikrishnan, J
The petitioner, who is the mother of an unfortunate victim minor girl, who had suffered sexual abuse at the hands of her own father, approaches this Court through the High Court Legal Services Committee seeking permission for medical termination of the pregnancy of her minor girl, who is now in her 26th week of pregnancy.
The writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other writ, order or direction permitting the petitioner's minor daughter to undergo medical termination of her pregnancy under the provision of the Medical Termination of Pregnancy Act, 1971 and to issue consequential direction to the 5th respondent to conduct such termination procedure in accordance with the law forthwith.
ii. To grant such other further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.
When this writ petition came up for consideration on 24.11.2021, this Court passed the following order:
"Admit.
Learned ASGI takes notice for the 1st respondent. Learned Government Pleader takes notice for respondent Nos.2 to 6.
In the facts of the case and considering the urgency of the matter, the 5th respondent is directed to conduct a Medical Board immediately on 25.11.2021 itself.
The report of the Medical Board shall be produced in a sealed cover before this Court on 26.11.2011.
Post on 26.11.2021."
Today, the Medical Board furnished a report and the contents of the report is extracted hereunder:
"As per the directions of the Honorable High Court of Kerala, Ms Mariyammath Riyana, 17 years old was brought to Government Medical College, Kannur, Pariyaram, by child care worker Ms Sneha vide case no: 26546/21
The child was brought to us on 25-11-2021 with request for medical termination of pregnancy. The pregnancy was allegedly a result of incest, case being registered at Kumbla Police Station.
On examination of patient:
No pallor
BP-110-70mmHg
Weight-42.7kg
Systemic examination within normal limits
Abdominal examination showed uterine size corresponding to 26 weeks gestation, relaxed, fetus heart heard.
Ultra sonogram done on 17-11-2021 showed pregnancy corresponding to 25-26 weeks, weighing 791 gram.
The patient has requested for termination of pregnancy. After psychiatry evaluation it was understood that continuation of pregnancy can adversely affect her mental status. The pregnancy can also adversely affect her physical health in view of her young age.
The procedure for the same and associated complications have been explained to her. It has also been explained that in view of the advanced period of gestation, the baby may be born alive. In the event, necessary steps should be taken by the patient/child care workers for arranging proper NIC care as well as future care of said baby.
As the period of gestation (26 weeks) is beyond 24 weeks, the period prescribed by the revised MTP act, a medical board was constituted at GMCK Pariyaram, to decide on this as directed by the Honorable High Court of Kerala."
I considered the medical report. In the medical report it is stated that the patient had requested for termination of pregnancy. It is also stated that after psychiatry analysis it is understood that the continuation of pregnancy can adversely affect her mental status. It is further stated that the pregnancy can also adversely affect her physical health in view of her younger age. The medical report also says that procedure for termination of pregnancy and associated complications have been explained to the patient. It is also stated that in view of the advanced period of gestation, the baby may be born alive.
In the light of the above findings and also considering the fact that the girl is a rape victim, I think the prayer in the writ petition can be allowed.
Therefore, this writ petition is allowed.
The Superintendent, Government Medical College, Kannur is permitted to do medical termination of pregnancy of the petitioner's minor daughter under the provisions of the Medical Termination of Pregnancy Act.
The 5th respondent will conduct such procedure, in accordance to law.
If the baby born alive, the 5th respondent will do the needful, in accordance to law. Otherwise the doctors will take tissue of the foetus for DNA identification and will maintain the same intact for future purposes.
The 5th respondent will consult with the Investigating Officer in Crime No.819 of 2021 of Kumbala Police Station also to do the needful.