The Kerala High Court has permitted a petition seeking medical termination of 32 weeks pregnancy on the grounds that mental health of the mother was vital to the child, even if he/she was to be born alive.
The order was passed by the single-judge Bench of Justice Devan Ramchandran on a petition filed by the parents of the unborn child, seeking relief under provisions of the Medical Termination of Pregnancy Act, 1971.
The petitioners contended that they had definite advice that the baby was suffering from very grievous abnormalities and even if the pregnancy was allowed to continue, the baby would have serious complications, which would not allow a normal life.
The High Court directed that if the baby was to be born alive, then all care and protection would be given.
The single-judge Bench requested the Chairperson of the Medical Board to oversee the processes with respect to medical termination and take a call on how to go on with it, including by performing a C-Section, if it was found to be the most rational one to do in the given circumstances.
After considering the submission and opinion of the Superintendent of the Government Medical College, Ernakulam and Chairperson of the Medical Board, the Bench found that the condition of the baby was such that the prognosis was not very favourable.
As per the submissions, the mother had a past history of depressive disorder, leading to the possibility of her mental health being seriously affected, if the pregnancy was continued.
Even though the pregnancy will not cause any risk to the life of the first petitioner, as the Medical Board’s opinion, the Bench found that according to the available MRI Report, the baby was likely to suffer from severe neurological and respiratory abnormalities, but since the gestation was now 32 weeks and the foetal weight was 1.5 kg, as per the growth scan, there was a possibility that the baby may be born alive, but that his/her life may be severely constrained.
The High Court further considered the opinion of the Medical Board that C-Section would be better since the baby can be taken out and that there waa chance up to 70 percent that he/she will be alive, even though there was doubt as to whether the child will have a continued life or not.
The High Court directed the first petitioner to get admitted in the Government Medical College Hospital, Ernakulam, forthwith, for the requisite process.
The petitioner was represented by Advocate Akash S. Advocate Vidya Kuriakose appeared for the respondent.
(Case title: XXX vs Union of India and Ors)