Point of law : Victim of Rape – Termination of pregnancy - since each day's delay would be crucial for the victim and the family, Court direct the Superintendent of Medical College to terminate the pregnancy of the minor girl.

JUDGMENT :

Complaining of stomach pain, a minor girl of 13 years along with her parents approached the hospital. After physical examination, the doctor noticed that the girl was pregnant by almost six months.

2. Pursuant to registration of a crime, during investigation, it was suspected that the offence was committed by the 14 year old sibling of the victim and a report in that regard was filed before the Juvenile Justice Board. Ext.P2 is the birth certificate which shows the date of birth of the victim as July, 2007. The scan report dated 1.4.2021, produced as Ext.P3, shows the foetus as 24 weeks and 4 days old. Contending that the petitioner's daughter is a victim of a rape by her own brother, the father of the victim has approached this Court seeking a direction to terminate the pregnancy of his daughter.

3. This writ petition came up for admission on 23.4.2021 and a direction was issued to the 3rd respondent at Manjeri to immediately constitute a Medical Board to ascertain the possibility of performing medical termination of pregnancy on the victim. Considering the gestational age of the foetus it was directed that the report ought to be submitted to court on the same day before 4 p.m.

4. Unfortunately, even though the Medical Board was constituted, the victim was admitted at the Medical College Hospital, Kozhikode and hence she could not appear before the 3rd respondent at Manjeri. Thereafter, this Court impleaded the Superintendent of Medical College, Kozhikode as additional 4th respondent and directed the said respondent to constitute a Medical Board and report to this Court as to whether the medical termination of pregnancy can be performed on the victim. The report was directed to be placed before this Court for consideration today.

5. I have heard Adv.Rakesh K., learned counsel for the petitioner, Sri.Jagadeesh Lakshman, learned Central Government Counsel and Adv.K.B.Udayakumar, learned Senior Public Prosecutor.

6. Pursuant to the direction mentioned above, the learned Government Pleader has made available the report of the Medical Board which was convened on 18.4.2021 with the following members:

Chairman :

1. Dr.C.Sreekumar, Superintendent, IMCH, Govt.Medical College, Kozhikode.

Members :

2. Dr.Nurul Ameen A.M., Deputy Superintendent and Associate Professor, Obstetrics and Gynaecology, IMCH, Govt.Medical College, Kozhikode.

3. Dr.Priya N, RMO and Associate Professor, Obstetrics and Gynaecology IMCH, Govt.Medical College, Kozhikode.

4. Dr.Ajithkumar V.T., Head of the Department, Pediatrics, Govt.Medical College, Kozhikode.

5. Dr.Beena Guhan, Head of the Department (in-charge) Obstetrics and Gynaecology, Govt.Medical College, Kozhikode.

6. Dr.Devarajan, Head of the Department, Radio diagnosis, Govt.Medical College, Kozhikode.

7. Dr.Rajeswary Pillai, Chief, Unit 6 and Additional Professor, Obstetrics and Gynaecology Department, Govt.Medical College, Kozhikode.

8. Dr.Amrutha Ramachandran, Medical Officer in charge, Family Welfare Unit, and Additional Professor, Obstetrics and Gynaecology IMCH, Govt.Medical College, Kozhikode.

7. The observations of the Medical Board were as follows :

Observations

The Medical Board went through the records of the rape victim aged 13 years (IP No.7292/IMCH), examined the patient and arrived at the following observations :

As per the MTP Act 2021, she is beyond the limit of legal MTP (Gestational age by Ultrasound Scan is 26 weeks and 6 days)

If MTP is considered she stands following medical risks :

1. The victim may need multiple inductions.

2. If Medical Induction fails, she may need surgical intervention (hysterectomy)

3. There is the chance that the fetus may survive.

Medical Termination of this pregnancy can be considered accepting the higher risks and facts mentioned above.

8. From the aforesaid report, it is evident that the gestational age of the foetus is 26 weeks and 6 days.

9. The position of law regarding medical termination of pregnancy is well settled. When the period of gestation exceeds that prescr