Kerala HC Dismisses Plea for Termination of Pregnancy after 35 Weeks

Team SoOLEGAL 24 Dec 2020 3:21pm

Kerala HC Dismisses Plea for Termination of Pregnancy after 35 Weeks

On Wednesday, 16th December, 2020, Kerala High Court had rejected a plea which was filed by a married couple asking for permission for medical termination of pregnancy at 35 weeks of gestational age by stating that, the time limit in which medical termination can be granted has already been expired.

Justice P. V. Asha was hearing the plea and the Court had also noted the report of Medical Board which stated that, there was a high chance that the child would be born alive. The Court was hearing a plea which was filed by the petitioners asking for medical termination of pregnancy as the petitioners had pointed out serious abnormalities in the fetus.

According to the petitioners, under Article 21 of Indian Constitution, the mother has the full right to terminate her pregnancy and continue to live with human dignity.    The petitioners were also mentally as well as physically ready for the termination program.

According to the Medical Board, the Board could not recommend to terminate the pregnancy because, though the fetus has serious abnormalities but still, there is a high chance that the baby can survive at the time of birth and also during delivery, there is a high chance of excessive bleeding.

According to the State, the Government Pleader had stated that, in case of normal delivery, the Child Welfare Committee would be ready to take care of the child. The State also pleaded that, if the medical termination is granted then the right to life of the child would violate. If the termination of pregnancy is granted then there is a high risk for the life of the fetus as well as the mother.

The Court was of the view that, the Counsel of the petitioners did not refer any judgement where it clearly states that the gestational age had exceeded 32 weeks. By stating that, only a few more days left for the full development of the fetus, the Court had rejected the writ petition.

Tagged: Kerala HC   Justice P. V. Asha   Medical Board   Indian Constitution   Child Welfare Committee  
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