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2022 Supreme(Online)(KER) 13450

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


Advocates:
For the Appellants/Petitioners: G.Vidya
For the Respondents: K.Amminikutty

Table of Content
1. minor's pregnancy requires judicial oversight for medical termination. (Para 1 , 2 , 3)
2. court affirms health risks necessitate termination under law. (Para 4 , 5 , 6 , 7)

JUDGMENT

Dated this the 12th day of December, 2022 The petitioner's daughter, a 17 year old mentally challenged girl is pregnant by 26 weeks. The pregnancy is alleged to be the result of rape committed on the innocent girl by a neighbour. Neither the victim nor the petitioner were aware about the pregnancy until the girl was examined by a Gynecologist recently. By that time, the fetus had crossed the gestational age of 24 weeks, thereby making it impossible to medically terminate the pregnancy without an order in that regard from the constitutional court. Hence this writ petition.

2. Learned counsel for the petitioner submitted that the incident has resulted in a crime being registered against the perpetrator for the offences under the Indian Penal Code and the Protection Of Children from Sexual Offences Act, 2012.

3. It is submitted that the child is in utter shock on being informed about the pregnancy and is under extreme physical and mental stress. She has been pleading to get the pregnancy ter

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