By Matters India Reporter
Kochi, April 6, 2020: The pro-life commission of the Catholic Church in Kerala on April 6 came forward to protect the child of a teenage rape survivor who is now 24-week pregnant.
The Kerala High Court on April 4 allowed the termination of the pregnancy observing that the right to make reproductive choices is a facet of personal liberty.
“The High Court’s decision to deny the right of 24-week child in tomb to be born is shocking,” says a press release from the Pro-Life Commission of the Kerala Catholic Bishops’ Council.
The right to be born should not be denied just because the birth would defame the mother and the child, asserts the press release signed by the commission’s director Father Paul Madassery and president Sabu Jose.
The commission sees no medical problem for the teenager to give birth to the child. “If the girl or her family has problem to accept the child, Catholic institutions would receive it gladly,” it promises.
The commission also agrees to provide safe accommodation to the 14-year-old until she gives birth to the child. After the delivery, the commission said it would make arrangement to give the child in adoption according to the government regulations.
The High Court’s division bench comprising Justices A K Jayashankaran Nambiar and Shaji P Chaly passed the order based on the recommendations of medical board thatsaid the continuation of the pregnancy would pose risk to the mental and physical health of the rape survivor.
Noting the ‘difficult and disheartening situation,’ the bench said: “There are substantial risks to the life of the girl as well as to her mental health, if she is allowed to continue with her pregnancy at the young age of 14 years.”
The petition was moved by the girl’s father as the pregnancy had advanced the length of 20 weeks — – the permissible time duration for a legal abortion.
The girl had gone missing from her home nearly five months ago and was later traced with a 28-year-old man in Mangalore. The accused was then arrested for rape and charged under sections of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
After a Sessions court rejected the plea since the pregnancy had exceeded the permissible 20 week period as per the Medical Termination of Pregnancy act, the survivor’s father moved the high court.
While reports stated that she had eloped with a married man, considering that the survivor is a minor, this legally amounts to kidnapping.
The court was also informed that the teenager did not wish to continue with the pregnancy.
The court then referred to section 5 of the MTP Act which allows for an exception, where the 20-week rule can be disregarded under exceptional circumstances when the mother’s life is in danger.