Kerala HC permits termination of 28-week pregnancy of 14-year-old rape survivor

The Kerala High Court has permitted the medical termination of a 28-week pregnancy of a 14-year-old rape survivor, observing that the trauma and anguish caused by the pregnancy must be given due weight while deciding such cases.

Justice Harisankar V Menon noted that although a medical board had said the baby's health outcomes would improve if the pregnancy continued closer to 34 weeks, the survivor's age and her decision not to continue with the pregnancy were crucial factors.

The court held that the plea deserved to be allowed in view of the circumstances.

The High Court directed the Kerala government to immediately facilitate the termination once the survivor and her father submit a written undertaking consenting to the procedure.

The medical board had informed the court that the foetus, at around 28 weeks of gestation, had an estimated birth weight of about 1 kg and an 80 per cent chance of survival.

It also warned of possible complications associated with premature birth, including respiratory distress, retinopathy, necrotising enterocolitis and intraventricular haemorrhage, adding that the risks would reduce if the pregnancy continued until around 34 weeks.

The court further directed that if the baby survives, the state must provide standard neonatal care.

If the survivor chooses not to keep the child, the newborn should be surrendered to a childcare institution or a recognised adoption agency under the Juvenile Justice Act.

In the event the baby does not survive, the court ordered authorities to preserve foetal tissue and blood samples for DNA profiling and other forensic tests, as a criminal case has already been registered in connection with the alleged rape.