The Kerala High Court has granted permission for a 14-year-old sexual assault survivor to terminate a 28-week pregnancy. The ruling prioritizes the minor's psychological well-being and outlines specific procedures for neonatal care or DNA evidence preservation based on the outcome of the medical intervention.
The Kerala High Court has issued an order permitting a 14-year-old survivor of sexual assault to undergo a medical termination of a 28-week pregnancy. Presided over by Justice Harisankar V Menon, the court’s decision was heavily influenced by the extreme mental and physical anguish expressed by the minor.
The court has instructed the state government to facilitate the procedure immediately upon receiving a formal request from the minor and her guardian. While standard medical guidelines often place restrictions on late-term pregnancy terminations, the court determined that the survivor’s personal circumstances and right to well-being superseded the standard gestational timelines.
Medical and Legal Provisions
The medical board previously reported that the fetus has an estimated 80% chance of survival at this stage of development. In anticipation of this, the court has directed the state government to ensure that if the infant survives the procedure, it must be provided with appropriate neonatal care. If the minor chooses not to raise the child, the court has mandated that the state follow established protocols under the Juvenile Justice Act to transfer the child to a recognized childcare institution or adoption agency.
Simultaneously, the court has established a framework for the preservation of evidence. If the fetus does not survive the termination, the medical team is required to preserve tissue and blood samples. These samples are critical for forensic purposes, including DNA mapping and fingerprinting, which will serve as essential evidence in the ongoing criminal proceedings related to the sexual assault. This dual approach aims to address the immediate humanitarian needs of the survivor while ensuring that legal and investigative requirements are met through the court-mandated preservation of biological materials.