IMPORTANT POINTS
Termination of 25/26 weeks of pregnancy which was posing grave danger to the mother’s life , and foetus suffering from incurable medical conditions making it impossible with life outside womb and taking into account the factual background, termination of pregnancy was permitted.

JUDGMENT :

SHAJI P. CHALY, J.

1. We are, in this writ petition, confronted with a difficult and disheartening situation. The father of a minor girl is before us praying for an order permitting his daughter (hereafter called ‘Y’) to medically terminate her pregnancy, which has now progressed to the 24th week. It would appear that ‘Y’ had eloped with her paramour, a married man, and the efforts of her parents to trace her did not meet with any success till almost five months later, when the police authorities managed to trace her location to Mangalore. The paramour was arrested and charged under various provisions of the Indian Penal Code and the Protection of Children from Sexual Offences Act, and ‘Y’ was restored to the custody of her parents. By that time, however, the pregnancy of ‘Y’ had already advanced considerably.

2. Although the petitioner approached the Sessions Court seeking permission to terminate the pregnancy, the said court did not entertain the petition citing jurisdictional reasons. The court was apparently of the view that the maximum permitted period for termination of a pregnancy, based on the opinion of two registered medical practitioners, under the Medical Termination of Pregnancy Act, 1971, viz. twenty weeks, had already expired by then. It is therefore that the petitioner is before us through the present writ petition.

3. The learned counsel for the petitioner, mentioned the case at the special sitting on 01.04.2020, organized through video conferencing on account of the outbreak of the COVID-19 Pandemic. On sensing the urgency, we permitted the petitioner to move the writ petition the very next day viz. 02.04.2020. On the said date, we deemed it necessary to have ‘Y’ examined by a Medical Board duly constituted for the purpose, with the inclusion of a psychiatrist therein to ascertain the wishes of ‘Y’ as regards the continuation of her pregnancy, as also her overall mental state and maturity level. The order passed by us on 02.04.2020 reads as under:

“Admit.

2. The learned Central Government Counsel Shri Jaishanker V. Nair takes notice for the first respondent. The learned Government Pleader Shri Manu Vijayakumaran takes notice for respondents 2 to 5.

3. After hearing submissions on behalf of respondents 2 to 5 and after hearing the submissions of Shri Rajit, the learned counsel appearing for the petitioner, we direct the fifth respondent to constitute a medical board comprising of the regular doctors, who are included in a medical board to examine the stage of pregnancy of minor girls and, in addition to that, a Psychiatrist as well. The medical board so constituted shall examine the minor daughter of the petitioner herein on 3.4.2020 and submit a report before this Court on the following aspects:

(i) Whether the continuance of the pregnancy would involve risk to the life of the pregnant woman or of grave injury to her physical and mental health.

(ii) Whether there is substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.

(iii) Whether having regard to the advanced stage of pregnancy, there is any danger (other than the usual danger which arises even in spontaneous delivery or at the end of the full term) if the pregnant mother is permitted to terminate her pregnancy.

(iv) The medical process best suited to terminate the pregnancy and the possibility of the child be born alive in the process.

(v) The wishes of the minor child as regards the future course of action with respect to her pregnancy shall also be ascertained by the Psychiatrist on the medical board.

(vi) Any other issues the medical board regards as relevant in such matters.

4. The medical board shall make the report available before this Court on the aforesaid aspects on 4.4.2020.

5. Considering the present period of lockdown in the State, the District Police Chief, Thrissur City, is directed to facilitate the travel of the petitioner and his family to the Medical College