The Kerala High Court's recent decision denied the request to end the pregnancy of a 12-year-old girl engaged in an alleged incestuous relationship with her minor brother. The court justified its refusal, stating that the pregnancy had progressed to 34 weeks and the fetus was fully developed, rendering the termination unfeasible, if not logistically impossible.

The bench headed by Justice Devan Ramachandran grants permission for the minor girl to be placed in the custody of the petitioners/parents. The court also issued stringent orders to ensure no contact between the girl and her brother, who was accused in the case.

The parents sought the High Court's intervention to pursue a medical termination for their 12-year-old daughter's pregnancy, expressing concerns about potential catastrophic effects on her physical and mental well-being. They asserted that they were unaware of the pregnancy until recently.

Initially, the Medical Board suggested terminating the pregnancy considering the young age of the minor girl and the psychological distress she had endured. Subsequently, after reevaluation, the board concluded that the girl was physically capable of carrying the pregnancy to its full term.

Following a subsequent review, the Medical Board determined that extending the pregnancy by an additional two weeks to reach full term would not notably affect the minor girl's psychological well-being. Consequently, the board recommended a cesarean delivery, considering its potentially lower psychological impact on the minor girl.

The counsel representing the petitioners conveyed that, if required, the minor girl is willing to continue the pregnancy for an additional two weeks. They also requested the court to grant the petitioners the authority to choose between a cesarean and vaginal delivery. Additionally, they sought permission for the girl to stay with her parents for emotional support during this period.

Hence, despite rejecting the plea for pregnancy termination, the court assured the petitioners of ongoing and thorough medical support. Additionally, the court highlighted the availability of assistance under the Juvenile Justice (Care and Protection of Children) Act, 2015, which could be accessed following the completion of the delivery.