kerala-high-court

KOCHI: The Kerala High Court has allowed a plea for aborting a 24-week old foetus carried by a 14-year-old rape survivor while keeping in view the reproductive rights of the survivor. The judgement was made by the bench consisting of Justices AK Jayasankaran Nambiar and Shaji P Chaly after considering various legal provisions and suggestions from medical experts.

According to the court, an individual's right to make reproductive choices also comes under her personal liberty as understood under Article 21 of the Indian Constitution. The judgement was made on an appeal filed by the survivor's father against a Sessions Court's judgement declining to allow the plea for abortion.

The survivor had eloped with a married man and had lived with him for five months before the police found her. The man was subsequently arrested under the POCSO act. However, it was soon discovered that the survivor was pregnant and her pregnancy had advanced beyond the 20-week period.

The court had earlier ordered a medical board to submit a report regarding the possible health issues due to abortion. Following this, the medical board had submitted a report which suggested that the abortion must be done as quickly as possible in order to ensure the safety of the survivor. However, if the baby was to survive the procedure, the Court has emphasised that all possible measures must be taken towards the healthy development of the child.