The Kerala High Court, in the role of ‘parens patriae,’ or legal protector of citizens, has allowed the termination of a mentally challenged rape victim’s over 15-week pregnancy on the grounds that it was in her best interests because she was unable to make an informed decision on her own.
The high court approved the medical termination of pregnancy at the Government Mental Health Centre and the Sree Avittom Thirunal Hospital, both in Thiruvananthapuram. The hospitals were also told to take the fetal tissue and keep it for DNA testing because the woman, who is from Bihar, was a rape victim.
Justice P B Suresh Kumar based his decision on the findings of a medical board, which concluded that while the pregnancy did not endanger the victim’s life, there was a high risk for the mother and baby because she was taking multiple anti-psychotic medications.
The court noted in its order that the victim was suffering from mental retardation with psychosis and was unable to make decisions or communicate her opinion, according to a certificate issued by the medical board attached to the Mental Health Centre.
The Kerala State Legal Services Authority, which had espoused the cause of a hapless rape victim diagnosed with psychosis, brought the case to the court’s attention. The victim was discovered wandering within the boundaries of the Kazhakoottam Police Station in Thiruvananthapuram and was taken by the police to a psycho-social rehabilitation centre before being transferred to the Mental Health Centre in Thiruvananthapuram.
Post Your Comments