The Kerala High Court on Thursday flagged the lack of proper sex education and easy access to porn as factors contributing to rising teen pregnancies, while allowing a 13-year-old girl to terminate a 30-week-pregnancy.
Justice VG Arun stressed that it is increasingly necessary to re-assess and adapt the sex education and cyber awareness imparted to children, especially since a significant portion of teen pregnancies seem to involve close relatives, as was the case in the present matter.
“In my opinion, it is time for the authorities to take a re-look at the sexual education being imparted in our schools. The easy availability of porn on the internet can mislead the juvenile mind of youngsters and give them wrong ideas. Educating our children about the safe use of the internet and social media is absolutely essential,” the Court stated in its order.
In this regard, the Court referred to a recent order passed by another single-judge of the Court, Justice Bechu Kurian Thomas, in which the judge recorded his intention to issue directions for ensuring better awareness of the statutes concerned, especially the provisions of the Protection of Children from Sexual Offences (POCSO) Act.
Justice Thomas had also noted that the educational machinery of the State has fallen woefully short in imparting the required awareness to young children about the consequence of sexual overtures.
The Court was considering a petition moved by the mother of a 13-year-old girl who was impregnated by her sibling, who is also a minor.
The petitioner projected the physical strain of carrying a pregnancy at such a young age and the psychological impact and consequent mental stress as reasons for seeking the Court’s intervention and a direction to terminate the pregnancy medically.
Advocate Shameena Salahudheen, representing the petitioner, submitted that the child was not even aware of the pregnancy until she was taken to the doctor over persistent abdominal pain.
However, Government Pleader S Appu, submitted that under the Medical Termination of Pregnancy (MTP) Act, 1971, the maximum permissible gestational period is 24 weeks.
The Court went through the provisions of the MTP Act, especially Section 3(2)(b) which allows abortion beyond 24 weeks for certain categories such as survivors of sexual assault or rape, or incest, as also minors.
Since the instant case was of a minor survivor of rape and incest, the Court said it would “lean in favour of the victim while being conscious of the rights of the unborn baby”.
The Court also referred to several precedents set by the supreme court, other high courts, and by itself, permitting abortion even beyond the permissible time limit, considering the age of the survivor.
“It is pertinent to note that a woman’s right to make reproductive choices is recognised as part of her personal liberty under Article 21, subject of course to reasonable restrictions….Here also, on consideration of the physical difficulties, mental agony and opinion of the Medical Board, I am inclined to allow the prayer for medical termination of the pregnancy,” the order stated.
The Court permitted the child survivor to avail an abortion at a government hospital and directed the hospital to provide the best care if the baby is born alive. It further directed that if the petitioner is not willing to assume responsibility for the baby, the State and its agencies shall do the needful to ensure that the baby is cared for.
Recently, the Supreme Court took a dim view of courts adopting unduly restrictive views in interpreting the MTP Act and Rules, even if the pregnancy arose from consensual sex.
A bench of Justices DY Chandrachud, Surya Kant and AS Bopanna overturned a decision of the Delhi High Court declining to permit abortion on the ground that the length of pregnancy had exceeded 20 weeks which is the outer limit laid down by the Medical Termination of Pregnancy Act (MTP Act) and the MTP Rules for termination of pregnancy arising from consensual sexual relationships.
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