XXXXXXXXXX Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Sec. 5 of the Kerala High Court Act, 1958 is filed by the Original Petitioner, challenging the judgment and order issued by the learned Single Judge in W.P.(C) No. 37000 of 2024, dtd. 30/10/2024. By the impugned judgment, the learned Single Judge rejected the Petitioner 's request, the mother of the minor survivor girl, to medically terminate her pregnancy.

(2.) The petitioner is the mother of a 16-year-old school-going girl. She has been subjected to repeated sexual assault. A crime has been registered at the police station under Ss. 354, 354A(2), 354B, 376, 376(2) (n), 376(3), and 506 of the Indian Penal Code, 1860, as well as Ss. 4(1), (2) read with Ss. 3(a), 6 read with 5(j)(ii), (1), 8 read with 7, and 12 read with 11(iv) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). Neither the minor nor her mother was aware of the pregnancy until a Gynaecologist confirmed it. By that time, the foetus had reached a gestational age of 25 weeks and 6 days, and it was not possible to medically terminate the pregnancy without intervention of the Court.

(3.) The Petitioner stated that the minor is currently in her 26th week of pregnancy. Continuing the pregnancy will cause severe psychological trauma, and the minor's family is in a state of shock. Furthermore, the minor is not mentally prepared to accept and deliver the child. In these circumstances, the Petitioner approached the learned Single Judge by filing a writ petition for a direction to form a Medical Board under Sec. 3(2)(c) of the Medical Termination of Pregnancy Act, 1971 (MTP Act of 1971). The Petitioner requests that the Board shall provide an opinion and subsequently declare her entitled to the necessary followup actions for medical termination of her daughter 's pregnancy.