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2020 Supreme(Online)(KER) 19306

HIGH COURT OF KERALA
P.V.ASHA, J
MRS A (IDENTITY MAY NOT BE PUBLISHED AS PER SUPREME COURT GUIDELINES) – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
SRI.P.VIJAYAKUMAR, ASGI SMT.VINEETHA B.

JUDGMENT

The mother of an unfortunate rape victim, who is a minor girl has approached this Court pointing out that the girl is carrying 23 weeks of pregnancy and continuation of her pregnancy would be critical to her health and contrary to her interest. A Crime no.1486/2000 has been registered in respect of the incident. The writ petition is filed producing Ext.P2 Ultrasound scan report dated 24.8.2020, which found that the girl was having 20 weeks and 5 days of pregnancy. It is stated that victim girl is not mentally prepared to accept the pregnancy and that there is increased risk of all obstetric complications in the event of continuation of her pregnancy as she has been subjected to brutal sexual assault.

2. When the matter came up for admission on

15.09.2020, this Court passed an interim order directing the Superintendent of District hospital, Pathanamthitta to constitute a medical board including a psychiatrist also and to furnish a report on the following:

“(i) Whether the continuance of the pregnancy involves risk to the life of the pregnant child or of grave injury to her physical and mental health ;

(ii) Whether there is substantial risk that if the child were born, it would s

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