Thiruvananthapuram, July 23 (BPNS)
The Kerala High Court has expressed its concern at the increasing number of child pregnancies in the state, in which, at least some cases involve close relatives. The court’s observation came while allowing a 13-year-old POCSO case victim to terminate her 30 weeks pregnancy. The girl was impregnated by her sibling, who is also a minor. Justice VG Arun, in his judgment, also opined that it is time for the authorities to take a re-look at the sex education being imparted in the schools.
“The easy availability of porn on the internet can mislead the juvenile mind of youngsters and give them wrong ideas. Educating our children about the safe use of the internet and social media is essential,” reads an excerpt from the judgment.
The court considering the physical strain of carrying a pregnancy at such a young age and the psychological impact and consequent mental stress on the girl allowed the termination of the pregnancy. The court also considered a woman’s right to make reproductive choices, which is recognized as part of her liberty under Article 21.
The court while permitting the victim girl’s pregnancy terminated at a government hospital, also directed the superintendent of the hospital to take immediate measures to constitute a medical team for conducting the procedure.
“The petitioner shall file an appropriate undertaking, authorizing to conduct the surgery at her risk. If the baby is alive at birth, the hospital shall ensure that the baby is offered the best medical treatment available, so that it develops into a healthy child. If the petitioner is not willing to assume the responsibility of the baby, the state and its agencies shall assume full responsibility and offer medical support and facilities to the child,” said the court.
According to Shameena Salahudheen, counsel for the petitioner, the young girl was not even aware of her pregnancy, which fact came to light only when the petitioner took the girl to a doctor when she complained of abdominal pain and of having missed her periods for more than two months.
“A prayer was made to the court to consider the physical strain and mental stress being suffered by the young girl and the possible social ostracization that the girl and her family will have to face. Also, for termination of pregnancy under the Medical Termination of Pregnancy Act, 1971, the court considered aspects like the victim is a rape survivor, a minor and the pregnancy is out of incest,” said a source.
Earlier, in an interim order on July 14, Justice VG Arun had allowed medical termination of 24 weeks pregnancy of a 15-year-old girl, who is a victim under the Protection of Children from Sexual Offences Act (POCSO). The court then stated that it will be appropriate to lean in favor of the minor girl, rather than sticking to the strict letter of the law, which provides an outer limit of 24 weeks, beyond which termination is not permissible under the Medical Termination of Pregnancy Act, 1971.
