Social and mental complication is not a ground for termination of a child in the womb of eight months, petitioner Kulathoor Jaisingh has claimed in his plea.
Days after a single-judge bench of the Kerala High Court granted permission to a 15-year-old girl allegedly impregnated by her brother to terminate her seven-month pregnancy, a lawyer has approached the division bench of the same court to set aside the single bench order. The division bench of Acting Chief Justice SV Bhatti and Justice Basant Balaji allowed the appellant-lawyer, advocate Kulathoor Jaisingh (petitioner), to approach the same single judge for impleading himself as one of the respondents in the matter. The plea said that a baby in the womb is a “gift from the almighty” that cannot be terminated by a judicial order so as to save the family of the victim girl from social and mental stigma or “false pride”. He submitted that the single-judge had come to the conclusion that the pregnancy was caused by her brother only on the basis of an FIR. “It is respectfully submitted that the social and mental complication is not a ground for termination of a child in the womb of eight months,” he said as per a LiveLaw report. “The learned single-judge ought to have found that if the child is kept in the womb for two more months in a secret manner, the life of the child and the alleged social and medical complications can be sorted out and the paternity can be medically proven,” the lawyer said in his plea. The plea also pointed out that the medical report does not state that the life of the child would be in danger at the time of the delivery or that the mother would have medical issues if the pregnancy is continued. “The interim order of this honourable court is against the conscience of the common man and may have a heartbreaking feeling,” the petitioner submitted. The case will now be heard by the single-judge bench on Monday, May 29.
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