XXX Vs. UNION OF INDIA

JUDGEMENT

(1.) Dated this the 19th day of April, 2021 Complaining of stomach pain, a minor girl of 13 years along with her parents approached the hospital. After physical examination, the doctor noticed that the girl was pregnant by almost six months.

(2.) Pursuant to registration of a crime, during investigation, it was suspected that the offence was committed by the 14 year old sibling of the victim and a report in that regard was filed before the Juvenile Justice Board. Ext.P2 is the birth certificate which shows the date of birth of the victim as July, 2007. The scan report dated 1.4.2021, produced as Ext.P3, shows the foetus as 24 weeks and 4 days old. Contending that the petitioner's daughter is a victim of a rape by her own brother, the father of the victim has approached this Court seeking a direction to terminate the pregnancy of his daughter.

(3.) This writ petition came up for admission on 23.4.2021 and a direction was issued to the 3rd respondent at Manjeri immediately constitute a Medical Board to ascertain the possibility of performing medical termination of pregnancy on the victim. Considering the gestational age of the foetus it was directed that the report ought to be submitted to court on the same day before 4 p.m.