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2024 Supreme(Online)(KER) 34842

HIGH COURT OF KERALA
V. G. Arun, J
..... – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ANUPAMA SUBRAMANIAN

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 pres

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