12 year old sister became pregnant in illicit relationship with brother, HC rejected the petition for abortion
नाबालिग भाई के साथ अवैध संबंध में गर्भवती हुई 12 साल की बहन, गर्भपात कराने की याचिका खारिज
The Kerala High Court has rejected the petition for abortion of a 12-year-old girl who became pregnant due to immoral relationship with her minor brother. The court said that the fetus is 34 weeks old, fully developed and preparing for life outside the womb.
Apart from this, the court said that abortion is not possible at this stage, and the decision whether the child will be born through cesarean section or normal delivery has been left to the medical experts. The parents argued that giving birth to a child would have a serious impact on the girl’s physical and mental health.
The court has ordered that the brother be kept away from the sister until pregnancy. According to the report, when the parents came to know about their daughter’s pregnancy, the ground slipped from under their feet. Justice Devan Ramachandran directed the minor girl to remain in the custody and care of the petitioners/parents. The court has also directed the authorities and parents to ensure that her minor brother, against whom charges have been filed, is not allowed to come close to the girl.
The parents of the 12-year-old girl had approached the court seeking medical termination of her 34-week pregnancy. The petitioners argued that the pregnancy could cause physical and psychological problems to the minor girl and told the court that they were not aware of the pregnancy until recently.
In April last year, the Calcutta High Court had refused to allow a 12-year-old minor girl, who was allegedly raped and sexually assaulted, to terminate her pregnancy. The court ruled that termination of the pregnancy could lead to maternal death. The medical board concluded that continuing the pregnancy for an additional two weeks to reach full term was unlikely to have a serious psychological impact on the girl. The board also suggested cesarean section delivery in view of its less psychological impact.
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