A minor rape survivor's mental health is a critical consideration in granting permission for medical termination of pregnancy beyond statutory limits.

JUDGMENT

This writ petition is filed seeking for a direction for medical termination of pregnancy of the petitioner’s minor daughter aged 13 years. The minor daughter of the petitioner was sexually abused by their neighbour, pursuant to which, she got impregnated. At the time of filing the writ petition, the gestation period of pregnancy had crossed 26 weeks. The pregnancy was confirmed by Ext.P2 scanning report dated 02.12.2025. Since she was undergoing a severe and serious mental trauma, the petitioner approached this Court seeking for a termination of pregnancy.

2. On 12.12.2025, after hearing the learned counsel for the petitioner and the learned Government Pleader, this Court referred the minor girl to the Medical Board, SAT Hospital, Government Medical College, Thiruvananthapuram. Today, when the case was taken up, The learned Government Pleader handed over a report dated 15.12.2025 of the Medical Board, comprising the Head of the Department of Obstetrics and Gynaecology, senior faculty members from the Department of Obstetrics and Gynaecology, and faculty from the Departments of Neonatology and Psychiatry. The opinion and conclusion of the Medical Board are as follows:

“Opinion by Neonatologist:

At 27 weeks + 2 days the ultra sound shows good fetal weight and no congenital anomalies at present. There is a high risk of mortality (More than 60%), serious morbidities and neuro developmental abnormalities if baby survives the immediate new born period. At birth comfort care can be considered in NICU as parents of the girl are not willing for extensive resuscitation. This has to be documented from them before termination. If the baby survives the parents of the child will be fully responsible for the baby till the baby gets discharged and handed over to CWC.

Opinion of Psychiatry:

Continuing pregnancy is likely to cause mental trauma to the child and hence termination is suggested.

Conclusion:

The Medical Board convened in the presence of Professor & HOD, OBG, other faculties of depart of OBG, Faculty from Neonatology & Psychiatry it is opined that this patient xxxx, 13 years & 11 month old, case of POCSO Primi, GA 27 wks+2days was considered for termination of pregnancy in view of her age and mental status of the child. The proceedings for MTP will be started as per the final Court Order.”

3. The termination of pregnancy is governed by the Medical Termination of Pregnancy Act, 1971 (‘Act’, in short) and the rules framed thereunder. The Act is a progressive legislation that regulates how pregnancies can be terminated.

4. Section 3 of the Act spells out the conditions to be satisfied to terminate a pregnancy, which reads as follows:

"S.3 - When pregnancies may be terminated by registered medical practitioners.—

(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner, ―

(a) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner, is or (b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty - four weeks in case of such category of woman as may be prescribed by rules made under this Act, if not less than two registered medical practitioners are, of the opinion, formed in good faith, that―

(i) the continuance of the pregnancy would involve a risk to t