Kerala State Legal Services Authority vs Union Of India

V.G.Arun, J.

The Kerala State Legal Services Authority is espousing the cause a hapless rape victim, diagnosed with psychosis and lodged as an impatient at the

Mental Health Centre, Perroorkkada. The victim was found wandering on the road and was taken to a psycho-social rehabilitation Centre initially and

from there, to the Mental Health Centre. The Medical Board at the Mental Health Centre found the victim to be pregnant, having gestation period

corresponding to 8 weeks as on 04.06.2021. In spite of best efforts, the relatives of the victim could not be traced out. The Superintendent of the

Mental Health Centre appraised the District Legal Services Authority regarding the victim's plight. This has resulted in the instant writ petition being

filed seeking permission for medical termination of the victim's pregnancy in accordance with the provisions of the Medical Termination of Pregnancy

Act, 1971.

As per the averments in the writ petition, the Medical authorities are of opinion that termination of pregnancy is inevitable and would be in the best

interest of the victim, both physically and psychologically.

In the light of the averments and the submissions put forth by Dr.K.P.Pradeep, learned Counsel for the petitioner and Smt. Vinitha B, learned

Government Pleader, I deem it appropriate to obtain the opinion of a duly constituted Medical Board. The learned Government Pleader points out that

the 6th respondent has a permanent Medical Board.

Considering the urgency, the 6th respondent is directed to convene its Medical Board immediately, if possible on 17.06.2021 itself, to examine the

state of pregnancy and the mental condition of the victim. The 6th respondent is requested to include a Psychiatrist and Gynecologist among the panel

of Doctors in the Medical Board and to make available the Medical Board's report on the following aspects:

i Whether continuance of the pregnancy involves risk to the life of the victim.

ii. Whether having regard to the stage of pregnancy, there is any danger other than the usual danger which arises even in spontaneous delivery or at the end of the

full term, if the pregnancy is terminated.

iii. The present mental condition of the victim and whether she is capable of communicating her opinion and taking decisions on her own.

iv. Whether continuance of the pregnancy would have any adverse impact on her mental condition.

v. Any other matter, the Medical Board considers to be relevant.

The report shall be produced in a sealed cover.

Post on 17.06.2021 as the last item.