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Rise in pregnancy termination by rape survivors: 41 cases in 5 years in Kerala

A 15-year-old rape survivor in Kerala sought permission from the High Court to terminate her 24-week-old fetus, citing unbearable physical and mental trauma. Despite stringent laws on medical termination of pregnancy (MTP) beyond 24 weeks in the country, the court granted the request, acknowledging the survivor’s suffering. This case is not isolated, as there has been a notable increase in MTP cases among sexual assault survivors, particularly minors, in the state.

According to information obtained through RTI by TNIE, 41 minors underwent MTP in Kerala between 2019 and October 2023, with the numbers showing a consistent rise each year. Out of these survivors, 23 were in advanced pregnancy stages and gave birth despite undergoing MTP. The babies are currently housed in government care homes. RTI revealed that young mothers who wish to keep their babies are accommodated in homes managed by the Nirbhaya cell of the Women and Child Development department until both are rehabilitated.

The Child Welfare Committee (CWC) takes necessary steps for the protection of children not under the care of the Nirbhaya cell, and those in CWCs are placed for adoption as per Section 56 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Advocate Parvathi Menon from the Victim Rights Centre expressed concern about the number of MTPs carried out on the requests of rape survivors and victims of Pocso offenses, emphasizing the importance of legal awareness and scientific sex education to address the issue.

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