XXX Vs. UNION OF INDIA

JUDGEMENT

(1.) The mother of a minor girl, aged 14 years, who is an unfortunate rape victim, has approached this Court pointing out that the girl is carrying 22 weeks of pregnancy and continuation of her pregnancy would be critical to her health and contrary to her interest. A Crime no.628/2020 has been registered in Chakkarakkal Police Station, in respect of the incident. The Writ Petition is filed producing Ext.P4 medical report dated 18.12.2020, which found the gestational age as 22 weeks. It is stated that victim girl is not mentally prepared to accept the pregnancy and that there is high risk in the event of continuation of her pregnancy as she has been subjected to sexual assault.

(2.) When the matter came up for admission on 29.12.2020, this Court passed an interim order directing the Superintendent of Government Medical College Hospital, Pariyaram, to constitute a medical board with all specialists required to conduct medical termination of pregnancy and file a report before this Court in respect of the medical condition of the child and all other related aspects for conducting the procedure of medical termination.

(3.) The learned Government Pleader has made available the minutes of the Medical Board convened on 29.12.2020 pursuant to the interim order passed by this Court in which it is stated as follows: