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2025 DIGILAW 1112 (KER)

X v. State of Kerala Represented By Its Secretary, Health And Family Welfare Department

2025-04-25

S.MANU

body2025
ORDER : S.Manu, J. Petitioner is aged 18 years. She attained majority on 01.04.2025. While she was a minor she developed romantic relationship with a person of the same age and got impregnated. Crime No.332/2025 for the offences under Sections 3A, 4(1), 5J(ii), 6(1) of the POCSO Act and Section 64 of the BNS has been registered by Viyyur Police in this connection. 2. The petitioner was taken to Government Medical College, Thrissur for examination by a Medical Board on 02.04.2025. Upon examination, it was found that the gestational period has exceeded 24 weeks. 3. Petitioner submits that she is under severe mental trauma, fear and anxiety. She also submits that she is suffering from physical ailments including fever and headaches due to severe emotional distress. She seeks permission to undergo medical termination at Government Medical College Hospital, Thrissur in view of the fact that gestational period has exceeded 24 weeks. 4. Pursuant to interim order dated 10.4.2025 a report of the Medical Board was submitted by the learned Government Pleader. Observations of the Medical Board are as follows:- “As per the court order No. W.P(C).No.15143/2025 to file a report on possibility of termination of pregnancy of survivor aged 18 years (18 years completed on 01/04/2025) with Last Menstrual Period (LMP) on 28/09/2024, Gestational Age of 27 weeks+6 days according to LMP. Her USG on 08/04/2025 shows gestational age of 30 weeks + 5 days and gestational age as on today (11/04/2025) is 31 weeks + 1 day. Baby is likely to have better outcome if pregnancy could be continued for 3 more weeks (upto 34 weeks). The girl whose date of birth is on 01/04/2007 has crossed 18 years and she is insisting on discontinuation of pregnancy now itself, as she wants to continue her studies, which will start on April 28 th. However, considering the fact that gestation has reached 31 weeks and the baby being viable but premature, the baby is likely to have possible complications of prematurity. Hence if at all induction of labor is to be considered, all neonatal complications is to be kept in mind (Respiratory distress syndrome, Intraventricular hemorrhage, sepsis) and consider giving antenatal corticosteroids for lung maturity and Magnesium sulphate for neuroprotection prior to delivery. The mental status of the survivor was assessed. History was noted from parents and the survivor. Hence if at all induction of labor is to be considered, all neonatal complications is to be kept in mind (Respiratory distress syndrome, Intraventricular hemorrhage, sepsis) and consider giving antenatal corticosteroids for lung maturity and Magnesium sulphate for neuroprotection prior to delivery. The mental status of the survivor was assessed. History was noted from parents and the survivor. The survivor gives history of disturbed sleep since the alleged incident, and expressed guilt regarding the same. She expressed wish to terminate the pregnancy at the earliest as she wants to pursue the studies. No pervasive depressive / and anxiety symptoms noted at the present. Clinically her intelligence appears to be average.” 5. On 22.4.2025, this Court passed an interim order directing the Superintendent, Government Medical College, Thrissur to file a report regarding an action plan in the case of the petitioner and to clarify whether it is safe for the petitioner to terminate the pregnancy. The learned Government Pleader handed over a copy of the communication from the Superintendent, Government Medical College, Thrissur dated 23.4.2025 wherein it has been stated that since the gestation has reached 31 weeks and the baby being viable but premature, the baby is likely to have possible complications of prematurity. It is further stated that termination of pregnancy by induction of labour may be done keeping in mind about prematurity neonatal complications. It is relevant to note that the opinion of the Medical Board is that the baby is likely to have better outcome if pregnancy could be continued for three more weeks (upto 34 weeks). No abnormality of the fetus is noted by the Medical Board. The Medical Board included an Assistant Professor in Psychiatry. The Board has reported that no pervasive depressive and anxiety symptoms were noted when they examined the petitioner. Intelligence of the petitioner clinically appeared to be average. 6. It is therefore discernible that no abnormality is noted as far as the fetus is concerned and no serious Psychological issues were noted by the Board as far as the petitioner is concerned. The Medical Board has made a clear suggestion that if the pregnancy is permitted to be continued upto 34 weeks the baby is likely to have better outcome. 7. On 16.4.2025, an interim order was passed directing the petitioner to file an affidavit expressing her willingness to proceed with medical termination of pregnancy. The Medical Board has made a clear suggestion that if the pregnancy is permitted to be continued upto 34 weeks the baby is likely to have better outcome. 7. On 16.4.2025, an interim order was passed directing the petitioner to file an affidavit expressing her willingness to proceed with medical termination of pregnancy. The petitioner has filed an affidavit dated 19.4.2025 stating that the writ petition was filed after a thoughtful decision was taken and she wants the pregnancy to be terminated. She further states that she is not mentally and physically fit to carry the pregnancy to term. 8. The petitioner is a POCSO victim who got impregnated while she was a minor. In several cases this Court has permitted termination of pregnancy of POCSO victims even when the gestational period had crossed 24 weeks. However, the condition of the fetus reported by the Medical Board cannot be ignored. Therefore, this writ petition is disposed of with the following directions:- (i) The petitioner is permitted to approach the Medical College Hospital, Thrissur for termination of pregnancy by appropriate method on completion of gestational period of 34 weeks in view of the suggestion of the Medical Board. (ii) On production of this order the Superintendent of the hospital shall take immediate measures for constituting a medical team for conducting the procedure. (iii) The petitioner shall file an appropriate undertaking, authorising to conduct the appropriate procedure at her risk. (iv) 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. (v) If this 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, as may be reasonably feasible, keeping in mind the best interests of the child and the statutory provisions in the Juvenile Justice (Care and Protection of Children) Act, 2015.