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2024 Supreme(Online)(KER) 34842
HIGH COURT OF KERALA
V. G. Arun, J
..... – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 39467/2024
ANUPAMA SUBRAMANIAN
A minor victim of rape is permitted to terminate her pregnancy under the Medical Termination of Pregnancy Act, 1971, due to the mental anguish caused, which constitutes grave injury to her health.
Headnote:(A) Medical Termination of Pregnancy Act, 1971 – Section 3 – Medical Termination of Pregnancy Rules, 2003 – Termination of pregnancy for a minor – A 15-year-old girl, pregnant due to rape, is permitted to terminate her pregnancy under the Act, as the anguish caused is presumed to constitute grave injury to her mental health. (Paras 1-4) (B) Circumstances for termination – The Act allows termination if the pregnancy does not exceed 20 weeks and poses a risk to the life or health of the woman. (Paras 3)
Facts of the case:
The father of a 15-year-old girl seeks permission for her to terminate a pregnancy resulting from rape, as no medical practitioner is willing to perform the procedure due to her minor status.
Findings of Court:
The court permits the termination of the pregnancy, emphasizing the mental anguish suffered by the minor as a substantial injury. Issues: The main issue addressed is whether the minor can terminate her pregnancy under the Act given her circumstances. Ratio Decidendi: The court ruled that the anguish caused by the pregnancy, being a result of rape, constitutes grave injury to the mental health of the minor, thus allowing for termination. Result: Writ petition disposed of accordingly.
J U D G M E N T
Dated this the 13th day of November, 2024 This case projects the plight of a child aged 15 years, who, on medical examination, was found to be pregnant by six weeks as on 2nd November, 2024. The hapless father of the child is before this Court seeking permission to enable his daughter to terminate the pregnancy, since no Medical Practitioner is prepared to conduct the procedure, the survivor being a minor and a crime having been registered against the perpetrator.
2. Heard, learned Counsel for the petitioner and the learned Government Pleader.
3. Section 3 of the Medical Termination of Pregnancy Act, 1971 details the circumstances under which registered Medical Practitioners can terminate pregnancies without being held guilty of any offence under the Bharathiya Nyaya Sanhitha, 2023 . Going by Sub-section(2)(a) of , pregnancy can be terminated if the length of the pregnancy has not exceeded 20 weeks and continuance of the pregnancy would involve risk to the life of the pregnant woman or grave injury to her physical or mental health. As per Explanation 2 to (2), when the pregnancy is alleged to have been caused by rape, the anguish caused by the pregnancy may be presumed to constitute grave injury to the mental health of the pregnant woman. The categories of woman eligible for termination of pregnancy up to 24 weeks is contained in Rule 3-B of the Medical Termination of Pregnancy Rules, 2003 . The said categories include survivors of sexual assault or rape or incest and minors. The survivor in this case is a victim of rape and minor. Therefore, the anguish suffered by her would amount to substantial injury, enabling the Medical Practitioner to terminate the pregnancy.
4. The petitioner is hence permitted to get the pregnancy of his minor daughter terminated by a registered Medical Practitioner in accordance with Section 4 of the Act. Since a crime is registered against the alleged perpetrator, the hospital where the surgery is conducted shall preserve the tissues and samples of the foetus for necessary medical tests, including DNA Finger Printing and Mapping.
The writ petition is disposed of accordingly.
