Kerala HC quashes abortion plea of minor rape survivor as pregnancy exceeds 24-week limit

Kochi: The Kerala High Court on Wednesday denied an abortion request from a 16-year-old rape survivor, as her pregnancy had exceeded the legally permitted 24-week limit. The petition, filed by the girl’s father, claimed the pregnancy resulted from repeated sexual assaults by her lover.

Judge V G Arun, in his order, highlighted that while Medical Termination of Pregnancy (MTP) is permissible up to 24 weeks, the girl’s pregnancy had advanced to 26 weeks and 5 days. The court also directed the State government to facilitate necessary procedures if the minor and her parents intend to place the child for adoption after birth.

The girl’s pregnancy was unknown to her and her family until a recent medical examination by a gynaecologist revealed it, said the court order. By then, the pregnancy had progressed beyond 25 weeks, making termination legally challenging without explicit court approval. Following a petition filed on October 22, the court instructed the Superintendent of Government Medical College, Thrissur, to assemble a Medical Board to evaluate the case.

The petitioner's counsel, Advocate Gladis, argued that the girl is mentally and physically devastated by her situation. Referencing the Supreme Court’s Suchita Srivastava vs Chandigarh Administration ruling, she asserted that a woman’s right to reproductive choice is fundamental to personal liberty. Meanwhile, a case has been filed against the alleged perpetrator under relevant sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The Medical Board's report advised that MTP could only be considered if the pregnancy posed a significant threat to the girl’s mental health or if any fetal anomalies were detected. However, the board noted no substantial fetal abnormalities, and it lacked a specialist in psychology or mental health, leading the court to quash the plea.