Kerala HC Asks Man To Approach CWC For Discharge Of Minor Daughter Impregnated By Her Brother

The Kerala High Court has recently instructed the father of a minor girl to submit an application to the Child Welfare Committee for her restoration in accordance with Section 40 of Juvenile Justice Act, 2015, after she gives birth due to brother’s impregnation.

Previously, the court allowed the termination of the pregnancy, observing that various social and medical complications are likely to arise in the matter. The petition was filed by the father on behalf of the minor daughter.

Medical Board reports potential for delivering a live premature delivery as minor reaches 32 weeks of pregnancy, therefore the court ensures addressing of any arising issues in the case.

Adv. Kulathoor Jaisingh approached the Court seeking to be impleaded in the matter.

Appealing against the court’s decision, he argues that terminating an unborn child without evidence violates the family’s “false pride” and the mental health of the victim girl.

Police instructed to address discharge concerns of petitioner’s child in consultation with medical authorities; Child Welfare Committee’s order to be submitted to court as directed.