Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
...... – Appellant
Versus
State Of Kerala, Represented By The Secretary, Department Of Women And Child Development, Government Secretariat, Thiruvananthapuram – Respondent
JUDGMENT :
(N. NAGARESH, J.)
Mother of a minor victim involved in an offence under Sections 332(b) and 64(1) of the Bharatiya Nyaya Sanhita and Sections 5i, 5j(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012 is seeking to permit her unfortunate minor daughter to undergo Medical Termination of Pregnancy under the provisions of the Medical Termination of Pregnancy Act, 1971 and to issue consequential directions to respondents 3 and 4 to conduct such termination procedure, in accordance with law forthwith.
2. The accused in FIR No.263/2025 of Malayalappuzha Police Station of Pathanamthitta District made acquaintance with the victim aged 17 years through Instagram and Whatsapp, took photographs with her and under threat and coercion, subjected the minor victim to sexual intercourse during August to October, 2024 and the victim was impregnated. The petitioner contends that the minor victim is carrying for 26 weeks and 5 days and that the continuation of pregnancy is critical to the health and against the interest of the minor girl.
3. The petitioner states that the whole family members including the victim girl is in a state of shock over the turn of events. The victi
Termination of pregnancy beyond 20 weeks is permissible in exceptional circumstances, prioritizing the minor victim's mental health and well-being.
The court ruled that a minor victim of rape may have her pregnancy terminated under the Medical Termination of Pregnancy Act, 1971, if it poses a grave risk to her mental health.
The court allowed the termination of a minor's pregnancy resulting from rape, prioritizing her mental health and well-being over the continuation of the pregnancy.
A minor's consent is paramount in the decision to terminate a pregnancy, emphasizing reproductive rights and autonomy under Article 21.
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 p....
A minor rape survivor's mental health is a critical consideration in granting permission for medical termination of pregnancy beyond statutory limits.
The mental health of a minor rape victim is a critical factor in decisions regarding pregnancy termination, necessitating judicial consideration.
The central legal point established in the judgment is the interpretation and application of the Medical Termination of Pregnancy Act, 1971, in the context of a minor victim of rape seeking terminati....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
