Kerala High Court rejects 12-year-old rape victim's abortion request
- The court rejected the plea following report that the process could damage girl's health
- Supreme Court had rejected a 10-year-old child rape survivor's abortion request on the same grounds
- The bench said it would be the state's obligation to ensure that the baby and the mother are sufficiently provided for and looked after
FollowKerala High Court rejected a child rape victim's abortion request following a medical report that the process could cause permanent damage to the 12-year-old. The girl had approached the court seeking permission to abort her 28-week fetus.Â
Supreme Court had rejected a 10-year-old child rape survivor's abortion request on the same grounds.Â
The High Court division bench declined to grant permission after considering a report from the government-run TD Medical College Hospital, Alappuzha, which said medical termination of pregnancy could result in the girl suffering permanent damage, affecting her future life.Â
The court said it "cannot now accede to grant the relief in relation to the medical termination of pregnancy."
Considering the growth of the fetus, the medical board's opinion was that termination of pregnancy at this stage would be more hazardous than going through a term delivery.
In its July 17 order, the court said the report stated that the girl is a well grown healthy.
The bench said it would be the state's obligation to ensure that the baby and the mother, who herself is a child, are sufficiently provided for and looked after, which shall include educating the mother child so as to enable her to get employment.
The Child Welfare Committee should also ensure that she gets her due share under the state government's Victim Compensation Scheme. It said the amount so received will be kept in the fixed deposit as the victim is minor and the interest there from shall only be used for her benefit till she attains majority.Â
The court also directed the Child Welfare Committee, Kakkanad, to coordinate these matters and said "their responsibility would be full and complete in this regard."
The girl, raped by her kin, who is also a minor, is currently staying at a special care home here.
The case was reported from a village near here a few months ago. The boy was booked for rape under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.
(With inputs from PTI)
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