Kerala HC allowed the abortion plea by observing that right to make reproductive choices comes under personal liberty (Article 21). The father of the survivor moved to HC after sessions court rejected the plea
stating that the pregnancy had exceeded the permissible 20-week period for abortion under section 3 of the Medical Termination of Pregnancy (MTP) Act, 1971.
Countering to the above statement, the HC pointed out the section 5 of the MTP act which provides an exception to the section 3, whereby the abortion can be disregarded in exceptional circumstances. The HC also relied on two SC rulings in Murugan Nayakkar vs UOI (2017) and A vs UOI (2018).
Also, it was said that if the baby is going to survive the procedure than all the possible measures must be taken towards the healthy development of the child. By considering article 21 which includes right to reproduce and also the exception given in MTA Act, 1971, Kerala HC allowed the abortion plea of the minor rape
survivor.
