The Kerala High Court on Wednesday (3 September 2025) allowed the termination of a 28-week pregnancy of a 16-year-old rape survivor from Alappuzha, while placing responsibility on the State government to ensure medical care in case the child is born alive. Justice Easwaran S. delivered the order after considering the medical board’s report and past legal precedents on reproductive rights.
Background
The case was filed by the girl’s mother, who approached the court seeking urgent permission to terminate the pregnancy. The minor had conceived following an alleged rape, for which an FIR has already been registered at Edathwa police station under the Bharatiya Nyaya Sanhita (BNS) and provisions of the POCSO Act.
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The petitioner argued that forcing her daughter to continue with the pregnancy would violate her fundamental right to life and dignity under Article 21 of the Constitution. Her counsel, appearing through legal aid, relied heavily on previous rulings, including the Supreme Court's decision in XYZ v. State of Gujarat and the Kerala High Court’s earlier decision in X v. Union of India. Both judgments emphasized that reproductive choices, including abortion, are integral to a woman’s dignity.
Court's Observations
The court had earlier directed the Superintendent of TD Medical College Hospital, Alappuzha, to form a medical board with a mental health expert to assess the minor’s condition.
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The board's report confirmed that the pregnancy was over 28 weeks, with the fetus showing normal cardiac activity and an estimated weight of 1.2 kilograms. Doctors added that although the fetus could potentially survive, there were risks of preterm complications like respiratory distress or intracranial bleeding.
Justice Easwaran S. acknowledged these medical concerns but pointed to established legal principles.
"In case after the procedure the child born is alive, the Medical Practitioner carrying out the procedure shall ensure that necessary facilities are provided to such child to save the life,"
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The bench recalled from an earlier Kerala HC judgment. He further quoted the Supreme Court’s ruling that
"the right of every woman to make reproductive choices without undue interference from the state is central to the idea of human dignity."
The court made it clear that if the child survives the medical termination, the State must assume full responsibility since the minor and her family are not in a position to raise the baby.
Decision
Allowing the writ petition, the High Court directed the State of Kerala to immediately arrange the termination procedure through a specialized team of doctors. It ordered that if the child is born alive, the government must provide resuscitation and neonatal care. In case of medical complications, the State must continue necessary treatment.
The court also directed that if the fetus does not survive, the hospital must preserve tissue and blood samples for DNA and forensic tests, given the pending criminal investigation.
With this, the bench balanced the petitioner's plea, the minor’s constitutional rights, and the State’s duty towards both the survivor and a potentially live-born child.
Case Title: Xxxxxx vs State of Kerala
Case Number: WP(C) No. 32917 of 2025
