“Safe Sex Education Is The Necessity Of The Hour” Observed Kerala High Court While Disposing Of Writ Petition Seeking MTP Of Minor Girl Child

Recently, Hon’ble Kerala High court disposed of the writ petition seeking permission of medical termination of pregnancy of 15 Year old girl child impregnated by her own sibling/brother and restoring the custody of girl child to her parents and observed that “The protection of the new born child is the duty of the state. These types of causalities shall not be there in our society in future. The embarrassment of the parents and also the victim girl cannot even be imagined. As I said earlier, this happened because of the lack of knowledge about the safe sex. Minor children are in front of ‘internet’ and ‘google search’. There is no guidance to the children. The Government should constitute a committee, if necessary, to study the issue and should think about including the ‘safe sex education’ in the curriculum of schools and colleges.”

BRIEF FACTS OF THE CASE

The minor girl child was impregnated by her own minor brother and the parent of the girl child filed the present petition for medical termination of her pregnancy as her pregnancy crossed 32 weeks of gestation. Medical Board opined that the there is risk of birth of the baby. Subsequently, the baby was born.

HON’BLE COURT’S OBSERVATIONS

Hon’ble Mr. Justice P.V. Kunhikrishnan essentially remarked that “I am sure that the petitioner, the father of these minor children put his signature in this writ petition with tears in his eyes. He and his wife has to face this embarrassing situation not only today but in future too. It is the duty of our society to keep these parents close to get over from this trauma. Nobody can blame the parents. But, we the society is responsible for this. Sibling incest may take place in the context of a family system that does not provide a safe environment for its members. But it may also happen because of the lack of knowledge about safe sex. I am of the considered opinion that the Government should seriously think about the necessity of proper ‘sex education’ in schools and colleges. This court observed like this on earlier occasion also. Safe sex education is the need of the hour to avoid these type of embarrassment to the parents. A good family atmosphere is necessary in the society. To attain this, every citizen of this country should join together without pelting stone to such unfortunate people.”

It was informed to the court that the minor mother was handed over to her Uncle and new born baby is handed over to the child welfare committee to look after.

In view of the above observations, Hon’ble court disposed of the writ petition.

Case no. :-   WP(C) NO. 15534 OF 2023

Order date :- 23.06.2023