12-year-old's abortion plea in incest case rejected by the Kerala High Court

The Kerala High Court rejected a plea seeking to end the pregnancy of a 12-year-old girl allegedly in an incestuous relationship with her younger brother.

The court observed that since the fetus is 34 weeks old and fully developed, termination at this point is impractical if not impossible.

Instead, the court emphasized that medical experts should decide whether the child should be delivered through a Cesarean section or a normal delivery. The parents contended that giving birth would adversely affect the physical and mental well-being of the girl.

In its order dated December 22, the court permitted the petitioners to seek support from doctors at the nearby Government Medical College. Once the pregnancy reaches 36 weeks, they have been permitted to approach the Medical College Superintendent for assessment by specialists, who will then determine the appropriate procedure for giving birth.

The court assured the baby's protection post-birth and stated that the girl should remain with her parents until delivery for her comfort. The parents were instructed to ensure that the accused brother stays away from the pregnant minor, with authorities overseeing this order. The court underscored the importance of maintaining the petitioners' anonymity both during the process and afterward.​