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2025 Supreme(Ker) 1141
IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.Manu, J.
X – Petitioner
Versus
State Of Kerala Represented By Its Secretary, Health And Family Welfare Department and ors. – Respondents
WP(C) NO. 15143 OF 2025
Decided On : 25-04-2025
Advocate Appeared:
For the Petitioner: Nireesh Mathew, Vivek Venugopal, Babu Jose, Gajendra Singh Rajpurohit, George V. Paul, Athul Poulose
For the Respondent: Sri E G Gorden-GP
The court permitted the termination of pregnancy for a POCSO victim despite exceeding 24 weeks, prioritizing the petitioner's mental health and circumstances while considering fetal viability.
Headnote:
(A) Protection of Children from Sexual Offences Act, 2012 - Sections 3A, 4(1), 5J(ii), 6(1) - Juvenile Justice (Care and Protection of Children) Act, 2015 - Termination of pregnancy - Petitioner, a minor at the time of conception, seeks termination after gestational period exceeds 24 weeks - Medical Board recommends continuation of pregnancy for better fetal outcome but acknowledges petitioner's mental distress and desire to terminate - Court permits termination at 34 weeks with conditions for medical care of the child. (Paras 1, 4, 6, 8)
(B) Medical Board's Role - The court emphasizes the importance of medical advice in decisions regarding termination of pregnancy, especially in cases involving minors and potential complications. (Paras 4, 6)
Facts of the case:
The petitioner, aged 18, became pregnant while a minor and sought termination after the gestational period exceeded 24 weeks due to severe mental and physical distress. Medical assessments indicated potential complications for the fetus if the pregnancy continued.
Findings of Court:
The court allowed the petitioner to terminate the pregnancy at 34 weeks, ensuring medical support for the child if born alive.
Issues: The main issues included the petitioner's mental health, the viability of the fetus, and the implications of terminating a pregnancy beyond 24 weeks.
Ratio Decidendi: The court ruled that while the fetus's condition is crucial, the petitioner's mental health and circumstances as a POCSO victim warrant the termination of pregnancy.
Result: Writ petition disposed of with directions for termination of pregnancy.
This legal document pertains to a case involving the termination of pregnancy of a minor who is a victim of sexual offenses under the POCSO Act. The petitioner, who turned 18 shortly before the court decision, sought permission to terminate her pregnancy after the gestational period exceeded 24 weeks, citing severe mental and physical distress. Medical assessments indicated that the pregnancy was around 31 weeks, with the fetus being viable but premature, and suggested that continuing the pregnancy could result in complications for the newborn if delayed further (!) (!) (!) .
The court considered the petitioner’s mental health, her status as a POCSO victim, and the medical advice indicating potential fetal complications. It recognized that while the fetus’s viability was a significant factor, the petitioner’s mental distress and circumstances warranted a departure from the usual 24-week limit for pregnancy termination. The court ultimately permitted the termination at approximately 34 weeks, emphasizing the importance of medical support and the petitioner’s well-being (!) (!) (!) .
The order included directions for immediate medical action at the hospital, the filing of an undertaking by the petitioner to proceed at her own risk, and provisions for neonatal care if the baby is born alive. It also outlined responsibilities for the state and medical facilities to support the child, prioritizing the child’s best interests and ensuring appropriate medical treatment (!) (!) (!) (!) .
Overall, the judgment balances the rights and health of the pregnant minor, the viability and health risks to the fetus, and the legal considerations surrounding reproductive rights in cases involving minors and sexual offenses.
ORDER :
S.Manu, J.
Petitioner is aged 18 years. She attained majority on 01.04.2025. While she was a minor she developed romantic relationship with a person of the same age and got impregnated. Crime No.332/2025 for the offences under Sections 3A, 4(1), 5J(ii), 6(1) of the POCSO Act and Section 64 of the BNS has been registered by Viyyur Police in this connection.
2. The petitioner was taken to Government Medical College, Thrissur for examination by a Medical Board on 02.04.2025. Upon examination, it was found that the gestational period has exceeded 24 weeks.
3. Petitioner submits that she is under severe mental trauma, fear and anxiety. She also submits that she is suffering from physical ailments including fever and headaches due to severe emotional distress. She seeks permission to undergo medical termination at Government Medical College Hospital, Thrissur in view of the fact that gestational period has exceeded 24 weeks.
4. Pursuant to interim order dated 10.4.2025 a report of the Medical Board was submitted by the learned Government Pleader. Observations of the Medical Board are as follows:-
“As per the court order No. W.P(C).No.15143/2025 to file a report on possibility of termination of pregnancy of survivor aged 18 years (18 years completed on 01/04/2025) with Last Menstrual Period (LMP) on 28/09/2024, Gestational Age of 27 weeks+6 days according to LMP. Her USG on 08/04/2025 shows gestational age of 30 weeks + 5 days and gestational age as on today (11/04/2025) is 31 weeks + 1 day. Baby is likely to have better outcome if pregnancy could be continued for 3 more weeks (upto 34 weeks). The girl whose date of birth is on 01/04/2007 has crossed 18 years and she is insisting on discontinuation of pregnancy now itself, as she wants to continue her studies, which will start on April 28th.
However, considering the fact that gestation has reached 31 weeks and the baby being viable but premature, the baby is likely to have possible complications of prematurity. Hence if at all induction of labor is to be considered, all neonatal complications is to be kept in mind (Respiratory distress syndrome, Intraventricular hemorrhage, sepsis) and consider giving antenatal corticosteroids for lung maturity and Magnesium sulphate for neuroprotection prior to delivery.
The mental status of the survivor was assessed. History was noted from parents and the survivor. The survivor gives history of disturbed sleep since the alleged incident, and expressed guilt regarding the same. She expressed wish to terminate the pregnancy at the earliest as she wants to pursue the studies. No pervasive depressive / and anxiety symptoms noted at the present. Clinically her intelligence appears to be average.”
5. On 22.4.2025, this Court passed an interim order directing the Superintendent, Government Medical College, Thrissur to file a report regarding an action plan in the case of the petitioner and to clarify whether it is safe for the petitioner to terminate the pregnancy. The learned Government Pleader handed over a copy of the communication from the Superintendent, Government Medical College, Thrissur dated 23.4.2025 wherein it has been stated that since the gestation has reached 31 weeks and the baby being viable but premature, the baby is likely to have possible complications of prematurity. It is further stated that termination of pregnancy by induction of labour may be done keeping in mind about prematurity neonatal complications. It is relevant to note that the opinion of the Medical Board is that the baby is likely to have better outcome if pregnancy could be continued for three more weeks (upto 34 weeks). No abnormality of the fetus is noted by the Medical Board. The Medical Board included an Assistant Professor in Psychiatry. The Board has reported that no pervasive depressive and anxiety symptoms were noted when they examined the petitioner. Intelligence of the petitioner clinically appeared to be average.
6. It is therefore discernible that no abnormali
