The court recognized the rights of a minor victim to seek medical termination of pregnancy even post the typical gestational limits under exceptional circumstances.

JUDGMENT

Petitioner is the mother of a minor girl aged 16 years and

10 months. Daughter of the petitioner, born on 14.2.2009, is the victim in a case involving offences under the Protection of Children from Sexual Offences Act registered as Crime No.1259/2025 of Mala Police Station. According to the petitioner, the minor was sexually assaulted by the accused multiple times. The minor girl realised that she was pregnant and thereafter she was taken to the hospital.

2. It is submitted by the learned counsel for the petitioner Smt.Shajna.M that the minor was under severe mental trauma, fear and anxiety. She also submits that the minor is suffering from physical ailments also apart from severe emotional distress. The mother seeks permission to terminate the pregnancy of the minor as continuation of the same may lead to grave physical and mental issues to the minor. Petitioner seeks to subject the minor to medical termination of pregnancy at the Government Medical College Hospital, Thiruvananthapuram. However, the gestational period has crossed 28 weeks.

3. Pursuant to interim order dated 19.12.2025 a report of the Medical Board was submitted by the learned Government Pleader. The report shows that a Board consisting of 10 medics considered the issue. Opinions of the Radiologist, Neonatologist and Psychiatrist were considered. Conclusions of the Medical Board are as follows:-

“CONCLUSION:

History noted 16 yr old Devika Gireesh got admitted through casualty at T2GA 28 weeks+1day with Hon'ble Court Order to conduct medical board regarding medical termination of pregnancy. At 12.30 p.m. today 20.12.2025 Emergency medical board is conducted in the presence of HOD of OBG Department, Dr. Sujamol Jacob, Neonatologist Dr. Anand, Psychiatrist Dr Rajani Raju, Radiologist Dr. Bindhu and Unit Chief Dr. Shahida J regarding medical termination of pregnancy. As she has crossed 28 weeks 1 day gestation, anticipated morbidities explained to mother regarding the chances survival of fetus is 50-60%.

Proceedings of MTP will be started as per the final court order.”

4. The following is the opinion of the Neonatologist as per the report:-

“History noted. Fetus is now 28 weeks + 1 day as per November 11^th scan. Talked to mother. Today's scan showing 27 weeks +2days.

Anticipated morbidity involving this gestation such as prolonged NICU stay, ventilation and requiring surfactant, intra ventricular bleed, eye problems and long terms neuro development outcomes informed. At this age, chance of survival in our unit is 50-60%. We will provide complete newborn NICU care if delivery happen at this point of time. The above said anticipated morbidities are very less if termination happens near term at 37 weeks.

Present scan done today showing 27weeks 2 days. Effective fetal weight 1040 gms by abdominal circumference. No gross congenital anomalies seen.”

5. It is relevant to take note of the opinion of the Psychiatrist also. The Psychiatrist has stated as under :-

“Patient was psycho educated regarding mode of termination, chance of survival of baby, legal procedures involved, psycho educated regarding complications of termination at this gestational age, option of continuing pregnancy with adequate psychological support and treatment if needed. Patient was able to comprehend the risks and benefits of termination of pregnancy and after understanding the available options, she consistently expressed their wish to terminate the pregnancy.

Patient has mild anxiety symptoms, transient depressive symptoms and average intelligence clinically in preliminary examination. No active death wishes/suicidal ideas at present. No psychotic features elicited.”

6. It is therefore discernible that no abnormality is noted as far as the fetus is concerned and no s