Advocates:
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

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.