‘Foetus Fully Developed’: Kerala HC Declines Plea To Terminate 34 Weeks Pregnancy Of 12-Yr-Old In Incestual Relationship With Minor Brother

Case: XXX v State of Kerala

Coram: Justice Devan Ramachandran

Case No.: WP(C) NO. 42678 OF 2023

Court Observation: “The foetus has already reached 34 weeks of gestation and is now fully developed, preparing for its life outside the womb. Termination of pregnancy at this point is not tenable, if not impossible; and obviously, therefore, the child will have to be allowed to be born…”

“In order to ensure that the applicable provisions of law are not violated, petitioners 1 and 2 are hereby peremptory directed to ensure that the 3rd petitioner’s brother – against whom the allegation has been made – is not allowed anywhere near her, or to have access to her in any manner whatsoever. This shall also be ensured by the competent Authorities.”

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Foetus Fully Developed, Kerala HC Declines Plea To Terminate 34 Weeks Pregnancy