IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
Emy K Kurian W/o. Shobin Thomas – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
1. The 1st petitioner is in the 24th week of gestation. The foetus has substantial abnormalities. If the child is born, it would suffer from neurological problems. The 1st petitioner’s life also would be at risk. In view of the stringent provisions of the Medical Termination of Pregnancy Act, 1971 (‘Act’, in short) and as the gestation has reached 24 weeks, the competent authority will not permit the termination of pregnancy unless directed by this Court. Therefore, the 2nd respondent may be directed to terminate the 1st petitioner’s pregnancy. Hence, the writ petition.
2. When the writ petition came up for consideration on 28.03.2025, this Court had directed the 1st petitioner to appear before the Medical Board of the 2nd respondent.
3. In compliance with the directions of this Court, a Medical Board comprising of six doctors of the 2nd respondent had examined the 1st petitioner on 29.03.2025. The Medical Board has opined that the gestation is 28 weeks and the foetus has agenesis of corpus callosum. The 1st petitioner also has a cervical stitch in situ. The Pediatrician has opined that it is a non lethal anomaly with survival chances of 60%, if the termination is done at 2

The court affirmed the importance of reproductive autonomy and the Medical Board's role in assessing health risks in termination of pregnancy cases involving substantial foetal abnormalities.
The court affirmed the right to terminate a pregnancy with substantial foetal abnormalities, emphasizing reproductive autonomy and health risks under the Medical Termination of Pregnancy Act.
The court affirmed the right to terminate a pregnancy with substantial foetal abnormalities, emphasizing the importance of medical opinion and reproductive autonomy under Article 21.
The court reaffirmed the right to terminate a pregnancy based on substantial fetal abnormalities impacting health under the Medical Termination of Pregnancy Act.
The judgment affirms the fundamental right to reproductive autonomy, emphasizing that termination of pregnancy is permissible based on substantial foetal abnormalities regardless of gestational age.
The right to terminate a pregnancy beyond specified limits is upheld when substantial fetal abnormalities are confirmed.
The right to terminate a pregnancy with substantial abnormalities is upheld under the Medical Termination of Pregnancy Act, emphasizing women's rights and health considerations.
The judgment underlines the importance of reproductive autonomy and medical advice in cases of severe foetal abnormalities, allowing termination beyond statutory limits if justified.
The judgment reaffirms the importance of reproductive rights and decisional autonomy of women, as well as the legal provisions under the Medical Termination of Pregnancy Act, 1971, and Article 21 of ....
Point of Law : Termination of pregnancy - An unborn child has a life of its own and rights of its own and rights of unborn are recognised by law - No doubt, only if the unborn can be treated as a per....
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