XXXXXXXXXX Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner's daughter, a minor girl aged 13 years, is pregnant by 30 weeks. The incredulous but harsh truth is that the girl is impregnated by her sibling, who is also a minor. The physical strain of carrying a pregnancy at such a young age and the psychological impact and consequent mental stress are projected as reasons for seeking this Court's intervention and a direction to terminate the pregnancy medically. A perusal of available records reveals that 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. Physical examination, followed by a laboratory test, revealed that the girl was pregnant by 30 weeks. Immediately, the girl, represented by her hapless mother, rushed to this Court.

(2.) When the writ petition came up for admission, it was directed to constitute a Medical Board for examining the victim girl. Responding with promptitude, the 5th respondent constituted the Medical Board and has made available the Medical Board's report. The relevant portion of the Medical Board's opinion is as follows;

(3.) Adv. Shameena Salahudheen, learned Counsel for the petitioner, submitted that this Court should consider the physical strain and mental stress being suffered by the young girl and the possible social ostracisation that the girl and her family will have to face. Reliance is placed on the Division Bench decision of this Court in ABC v. Union of India [2020 (4) KLT 279] and that of a learned Single Judge in W.P.(C) No.7503 of 2022 to contend that under identical circumstances, this court had granted the permission sought for.