Mental Trauma Not Irrelevant Consideration: Kerala High Court Permits Medical Termination Of 26-Week Pregnancy Of Minor Rape Survivor

While permitting a 16-year-old school going girl to terminate her over 26-week-pregnancy, the Kerala High Court said that the mental trauma undergone by the minor girl who had been stated to be subjected to "repeated sexual assault", cannot be an irrelevant consideration. The court further noted that the medical board's report submitted before the single judge already confirmed that the girl was experiencing mental trauma. Considering all circumstances, including the provisions of Section 3 of the MTP Act, 1971, the statutory presumption regarding the mental trauma of a minor rape victim, the Psychiatrist's report, and the wishes of both the Petitioner and the minor, we are of the opinion that the request for medical termination of pregnancy should be granted.” As per the facts, the petitioner mother contended that the minor was subjected to repeated sexual assault and they were unaware of the pregnancy until a gynaecologist confirmed it. It was contended that the single judge refused to permit medical termination of pregnancy without considering the mental health of the minor girl on the ground that the medical board which examined the minor lacked a psychologist. It said, " Reading this provision, in the case of a minor, who is a victim of rape, the mental trauma suffered by her cannot be an irrelevant consideration also in view of the decision of the Hon'ble Supreme Court in the case of XYZ v. State of Gujarat, A v. State of Maharashtra, and the decision of the Bombay High Court in the case of X v. State of Maharashtra and X v. State of Maharashtra.” This being the position, the bench said that when the Medical Board had already opined that the minor would suffer mental trauma, if the Single Judge was of the view that the opinion of the Medical Board could not be considered due to the absence of a Psychiatrist on the panel, a direction could have been issued for an examination by a Psychiatrist.