Jahanvi Agarwal
The Kerala High Court has directed the State Government to seriously consider promoting safe sex education in school and college curricula.
The Court gave the directions while hearing a petition from a parent seeking to medically terminate the pregnancy of his underage daughter, who had been impregnated by her own brother.
The bench consisted of Justice PV Kunhikrishnan, who emphasized the need for healthy sex education in order to prevent parental humiliation.
The judgment stated that:
“Nobody can blame the parents. But we the society are responsible for this. Sibling incest may occur in 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 … A good family atmosphere is necessary for society. To attain this, every citizen of this country should join together without pelting stones at such unfortunate people..”
If required, the Court has requested to form a committee to investigate the inclusion of safe sex education in school and college curricula.
Justice PV Kunhikrishnan also observed that:
“As I said earlier, this happened because of the lack of knowledge about safe sex. Minor children are in front of ‘internet’ and ‘Google search’. There is no guidance for the children,”.
A copy of the order was also instructed to be given to the Chief Secretary of the State of Kerala for necessary and required action.
Previously, the Court had granted medical termination of the underage girl’s seven-month pregnancy. The Court, however, was notified afterward that the underage girl had given birth.
Following that, the Court asked the Child Welfare Committee to make a decision on the custody of the newborn child in compliance with the Juvenile Justice Act. In reply, the Child Welfare Committee informed the Court that the newborn infant had been given to it and that the minor girl had been handed over to her uncle.
The court was of the view that:
“In light of the above orders, I think no further order is necessary. The Child Welfare Committee will take necessary consequential steps in accordance with the law. The protection of the newborn child is the duty of the state. These types of causalities shall not be there in our society in the future. The embarrassment of the parents and the victim girl cannot be imagined,”.
Case Name: xxxx v. Union of India & Ors.
Diary Number: 15534/2023
Bench: Justice PV Kunhikrishnan
Click here to Access the Order.