The Kerala high court has directed a medical board to make a decision within a week on the termination of a 10-year-old girl’s pregnancy. The board earlier said an operative delivery was needed and there is an 80% chance of the baby surviving.
The girl’s father allegedly sexually abused her. Her mother moved the court citing the girl’s health and psychological issues. “The alleged culprit is her own father. If the allegation is correct, the court is ashamed of and, of course, the entire society should bow their heads for the same reason,” a single bench of Justice P V Kunhikrishnan said on Thursday. The court said the alleged offender will be punished.
The court ruled if the girl’s parents are unwilling or unable to assume the responsibility of the new-born, the state and its agencies will have to take it under the Juvenile Justice Act. “Considering entire facts and circumstances of the case, this is a case in which the court should invoke the jurisdiction keeping in mind the Almighty,” it said.
The court cited a 2019 Bombay high court judgement which said if a child is born alive in such a case, then the registered medical practitioner and the hospital concerned have the responsibility to ensure the best medical treatment and the state the proper upbringing.
