Background Matrix 

In the matter of xxxx v Union of India & Ors a request made by a parent to have his daughter, who is underage and was pregnant by her brother, medically terminated.

Conclusion of the Court 

In order to prevent this kind of parental embarrassment, the Kerala High Court single judge bench Justice PV Kunhikrishnan emphasised that safe sex education is urgently necessary. He urged the State government to seriously consider the need for including safe sex education in the curricula of schools and colleges.

The single-judge bench noted that No one can hold the parents responsible, the single judge bench declared. But the fault here lies with society as a whole. In a family system that does not offer its members a secure atmosphere, sibling incest may take place. However, it could also occur as a result of a lack of awareness about safe sex. I firmly believe that the government should give the requirement of adequate “sex education” in schools and universities considerable consideration. A healthy family environment is essential for society. Every person in our nation must work together to achieve this without throwing rocks at unlucky individuals in order to do so.

The Court has requested the formation of a commission to investigate the possibility of including “safe sex education” into the curriculum of colleges and universities. The court further emphasised that this occurred as a result of ignorance of safe sex. ‘Internet’ and ‘Google search’ are in front of young children. The kids receive no instruction. The Chief Secretary of Kerala State was also instructed to receive a copy of the order and take the appropriate steps.

Earlier, the Court had initially permitted the minor girl’s seven-month pregnancy to be ended medically; however, the Court was informed at the ensuing hearing that the minor girl had given birth. The Court then instructed the Child Welfare Committee to decide on the custody of the newborn child in accordance with the Juvenile Justice Act. The Child Welfare Committee in turn informed the Court that the newborn child was surrendered to it and that it had been given temporary custody. The Court concluded that no further orders were required in the case and dismissed it, emphasising that similar situations should never happen in the State again.