Termination of pregnancy beyond 20 weeks is permissible in exceptional circumstances, prioritizing the minor victim's mental health and well-being.

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 victim is not mentally prepared to accept the state of affairs and deliver the child. The social isolation of a minor girl, who is subjected to brutal sexual assault, giving birth to a child is unimaginable to the victim and the family.

4. Heard.

5. The District Child Welfare Protection Officer has provided a report which goes to show that the victim's father passed away due to cancer. The family is residing in a house constructed and donated to them by the Church authorities. The petitioner-mother is doing coolie work. She has two younger daughters other than the victim. The victim is ITI student and younger ones have completed Plus One studies.

6. The pregnancy was not initially detected, though the victim was taken to the Hospital twice and to Ayurveda Doctor once. The victim was mentally shattered. The victim is ready for termination of pregnancy. The report stated that as the victim desires termination of pregnancy, MTP can be done subject to medical fitness. Expenses for MTP can be provided from the Relief Fund.

7. The writ petition was filed on 13.05.2025. On 16.05.2025, this Court directed the Government Pleader to get instructions as to the date on which the victim is to be presented before the Medical Board for conducting physical and psychological evaluation. On 19.05.2025, the Government Pleader submitted that physical and psychological evaluation can be conducted on 21.05.2025 before the Superintendent of Government Medical College, Kottayam. Accordingly, the petitioner was directed to produce the minor daughter before the Board on 21.05.2025.

8. The Medical Board was conducted in the Department of Obstetrics and Gynecology, SAT Hospital, Medical College, Thiruvananthapuram. The Board consisted of nine Experts/Specialists. The Board observed that the gestational age is 29 weeks and 5 days. Examination revealed conscious, oriented person with anxious mood, no depressive/suicidal ideas / psychotic features. The victim expressed her wish to terminate the pregnancy. After imparting psycho education, the mother and the victim was informed of the procedure for termination of pregnancy and the chance of survival of the new born was made known to them. The Board observed that the patient and her mother remained ambivalent regarding the decision to terminate the pregnancy.

9. The Board observed that they are ethically and legally bound to give full intensive care if baby is delivered at this point of time. The unit survival for this gestation is 80%. The Gynecology opinion was that the options of terminating pregnancy at 30 weeks with higher chance of need for cesarean section. Mental status of assessment was done by Psychiatrist. Neonatal salvageability of new born was explained to the mother and the victim.

10. The conclusions of the Board are as follows:

C