Kerala POCSO survivor’s missing case raises questions on handling of pregnant minors

The disappearance of a 15-year-old tribal girl, who is a survivor in a Protection of Children from Sexual Offences (POCSO) case, from a hospital in Thiruvananthapuram has raised questions over the handling of pregnant underage survivors in the state. She was later traced from her house in Wayanad.

On Tuesday, November 10, the Kerala State Commission for Protection of Child Rights (KSCPCR) registered a suo motu case over the incident.

A few days ago, the girl, who was taken for a check up at the government-run Sree Avittom Thirunal Hospital, went out without the knowledge of the staff of a care centre who had accompanied her to the hospital. As per reports, she took a train from Thampanoor to Kozhikode and reached Wayanad by bus. The Medical College police in Thiruvananthapuram traced the girl, brought her back and handed her over to the child welfare committee. 

The girl was recently brought from her native place in Wayanad to the Integrated Care Centre (ICC) under the State Nirbhaya Cell at Nettayam in Thiruvananthapuram for termination of her pregnancy. However, the girl, after she was brought back from Wayanad, declined consent for abortion. 

The KSCPCR has sought a report on the missing incident from the district police chief, the superintendent of SAT Hospital, the district child protection officer and the superintendent of the ICC. However, the incident demands a serious introspection in the handling of pregnant POCSO survivors, especially those from tribal communities. 

Why bring POCSO survivors to Thiruvananthapuram?

Pregnant POCSO survivors from across the state are brought to the ICC in Thiruvananthapuram to address their various needs, including nutrition, pre-post natal care or medical termination of pregnancy. Started in 2022, the ICC under the state Nirbhaya cell under Women and Child Development department hosts not just minors, but other pregnant survivors of sexual crimes too. The ICC was introduced to avoid lodging of pregnant minor survivors along with others in children's homes, as it was against the Kerala Juvenile Justice (Care and Protection of Children) Rules, 2014. It also provides support such as counselling and facilitating the adoption of the children of minor survivors. 

However, child rights activists are demanding regional care centres instead of a single facility in Thiruvananthapuram. “Most pregnant minors are made to travel long distances to Thiruvananthapuram even during advanced stages of pregnancy. They are made to live in a totally different environment at a time they need physical and emotional support from their closed ones. Even in cases where their own family members are involved, care should be arranged without making them live in a faraway place,” said an activist. 

Activists said that special care was needed for survivors from vulnerable communities. “Minor survivors from tribal communities might be finding it extremely difficult to adjust to the changed circumstances,” she said.

An official under the Women and Child development department, who has handled cases of minor POCSO survivors too, expressed disappointment over lack of regional facilities. “One family, I knew, did not have enough money even to visit their daughter in Thiruvananthapuram. The minors too face a lot of stress in dealing with such a challenging time at a faraway place. The care centres should at least be close enough to facilitate visits of closed ones,” the officer said.

Cicily Joseph, active chairperson of KSCPCR, said that the ICC at Thiruvananthapuram was introduced considering the safety and privacy of minor POCSO survivors. “If these pregnant minors were taken to local hospitals, there are chances that their identity will get disclosed. If accused are their family members, their presence in the same region poses a challenge to the safety of the survivor. It is also not advisable to lodge pregnant survivors along with other survivors,” she said. Cicily also pointed out that Thiruvananthapuram has hospitals with advanced medical care facilities to deal with risky pregnancies and MTP cases. 

One of the recommendations that came up during the recently held ‘Her Summit,’ organised by the Women and Child Development department to update policy for women and children, was to provide regional care centres for underaged pregnant survivors with proper facilities, including adequate medical staff and physical, nutritional and mental health support. 

Informed consent

According to officials, the minor girl from Wayanad had expressed consent for abortion during separate sittings of CWC members and medical board. “She had expressed a desire to study. Since she lacked family support, she was willing for medical termination of pregnancy. That is why she was sent to Thiruvananthapuram. We don’t know why she changed her stand,” said an official. 

A child rights activist said that it was not clear whether the minor had given informed consent for MTP. “Women in tribal communities often do not opt for abortion even in case of unwanted pregnancy. I don't think tribal dialects even have a word for abortion. Cases of survivors from tribal communities should be handled with sensitivity,” she said. 

Women and child activists also pointed to the delay in getting consent for MTP in cases of minor survivors. “Often pregnancy would be identified only after the first trimester. Then it would take a long time to get a clearance from the medical board and courts for MTP. By that time, pregnancy would have entered advanced stages and abortion would be risky. There should be some mechanism to take decisions in a week in cases of pregnancy of minor survivors,” an activist said.  According to an officer, the girl from Wayanad is 36-weeks pregnant. 

TNM did not get into the specific issues faced by the minor survivor in the missing incident as it was a POCSO case.