Xxx v. State of Kerala
Case brief
What is this about?
The Court allowed a writ petition filed by the parents and minor rape victim allowing medical termination of pregnancy exceeding 20 weeks based on medical board opinion citing high risks to life and mental health, directing immediate procedure.
What did the court decide?
Petitioners permitted to proceed with medical termination of pregnancy of the minor girl; directions issued to Superintendent of Government Medical College, Kottayam to execute termination at earliest
What the court decided
WP(C).No.29209 OF 2020(A)
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(C).No.29209 OF 2020(A)
PETITIONER/S:
- 1 XXX AGED 37 YEARS X
- 2 YYY AGED 34 YEARS X
3 ABC AGED 15 YEARS MINOR
BY ADV. SRI.ADITHYA RAJEEV
RESPONDENT/S:
Issues for consideration
3 issues framed by the court
Whether termination of pregnancy exceeding statutory limits is permissible under Section 5 of the MTP Act for a minor rape victim with advanced gestation.
Whether continuation of pregnancy poses high risk to the life and mental health of the minor girl in view of medical board opinion.
Whether direction for immediate termination with DNA sampling and care for potential live birth is justified.
Parties & counsel
- petitioner
XXX AGED 37 YEARS
- petitioner
YYY AGED 34 YEARS
- petitioner
ABC AGED 15 YEARS
- respondent
STATE OF KERALA
- respondent
THE DIRECTOR OF MEDICAL EDUCATION
- respondent
Case details
As recorded by the court registry
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