Kerala High Court denies permission to abort 30-week foetus of 14-year old

The Kerala High Court had denied permission for medical termination of the pregnancy of a 14-year-old girl who had carried the foetus for 30 weeks. The petition seeking abortion was filed by the girl's mother. Justice Devan Ramachandran dismissed the request saying that this was not a case in which the "victim child's health was at risk" due to the pregnancy nor were any lethal deformities detected in the foetus.

The girl's mother was seeking permission for medical termination of pregnancy saying that her daughter was raped and the accused was booked under the Protection of the Children from Sexual Offences (POCSO) Act.

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The court said that the "child was still very young - just 13 to 14 years in age". The court took note that even though the reports and records indicated that the girl was not forced, whathappened to her was "certainly statutory rape" considering her age.

The foetus has 'life'

The court observed that the girl's pregnancy was nearly in its ninthmonth and that the foetus was gaining weight and fat which was getting closer to its birth weight.

"Its vital organs, like the brain and lungs, are almost fully developed, preparing for life outside the womb. Obviously, therefore, this court cannot accede to the request of the petitioner; though I am in full empathy with the condition she and her family are going through, particularly because the victim child is so young," the judge said in his order, as reported by Press Trust of India.

A medical report about the pregnancy indicated that the status was "30 weeks of gestation with a good foetal heart". The court took the medical report into consideration during the proceedings.

"The foetus has, in fact, life with heart rate, and hence, termination of the pregnancy at this stage is impossible, as also untenable," the court said.

The court also took note that a medical board had an unambiguous view that termination of the pregnancy was not possible. It said that "the baby can only be taken out through a caesarean section - which is to say, that it will be born alive, with a prognosis of a good life in future."

The judge said that the girl and her petitioner mother should be offered every available protection in the law in order to ensure that the girl delivers the baby and has ability to take care of it.

(With inputs from agencies)