Lawstreet Journal

'The right of women to choose whether or not to continue with their pregnancy cannot be revoked' : Kerala HC

Lawstreet Journal 20 Aug 2021 9:34pm

Image courtesy: Lawstreet Journal Judiciary 'The right of women to choose whether or not to continue with their pregnancy cannot be revoked' : Kerala HC

The liberty of a woman to choose whether or not to proceed with a pregnancy cannot be snatched away, the Kerala High Court ruled, while granting a moderately mentally disabled mother on the right to terminate her as much as 22-week-old malformed baby.

According to the HC, it’s the freedom of the mother to make her own decisions if there really is a considerable danger that the infant would struggle from defects that will substantially impair him or her after delivery has indeed been acknowledged by the Courts.

In the recent case, the mother was somewhat intellectually challenged, and the baby had Klinefelter syndrome, a genetic disorder wherein a male is full or partial extra copy of the X chromosome, as per the assessment of a medical team who evaluated her.

According to the court's order, the condition is a chromosomal abnormality linked with varied mental sub normality, endocrine abnormalities, and psychiatric disorders later down the line. As per the medical assessment, the lady, in addition to moderate mental impairments, struggles from vision abnormalities, seizures, and weakening of the left lower limb, with a long-term disability of 55%.

According to the research, while Klinefelter syndrome is not potentially lethal, because the mother has minor mental impairment and poor adaptive abilities, "she may struggle to cope with the child raising responsibilities of a disabled infant."

According to the study, medical abortion is advised for the aforementioned reasons.

Upon reviewing the document, the HC concluded, "The liberty of a pregnant lady to choose whether or… Continue Reading...

Tagged: pregnancy   Medical Termination of Pregnancy Act 1971   Woman Pregnancy   Woman Rights  
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