IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN
Rosamma Joseph W/o Anish Varghese – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
1. The petitioners are wife and husband, who have been seeking medical termination of 26-weeks-old pregnancy as on 28.05.2025, after having found multiple anomalies to the foetus, viz., mesomelic shortening of bilateral forearm with absent/hypostatic radius and bilateral club hand - radial ray anomaly, crossed fused foetal kidneys in right side, cervical hemivertebrae, ccTGA and single umbilical artery. The petitioners are also parents of two daughters aged 6 and 3 years old. According to the petitioners, as per Exts.P5 and P7 scan reports, the doctors opined that the foetus suffers from multiple anomalies. The petitioners, therefore, seek for a direction to the respondents to permit the first petitioner to undergo medical termination of pregnancy.
2. Heard the learned counsel for the petitioners and the learned Government Pleader.
3. When the writ petition came up for consideration on 28.05.2025, this Court directed the fourth respondent to constitute a Medical Board for the purpose of assessing the following:-
a) Whether continuance of the first petitioner's pregnancy will involve risk to her life or grave injury to her physical or mental health?
b) Whether there is a subst

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 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 the importance of medical opinion and reproductive autonomy under Article 21.
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 with substantial abnormalities is upheld under the Medical Termination of Pregnancy Act, emphasizing women's rights and health considerations.
The court reaffirmed the right to terminate a pregnancy based on substantial fetal abnormalities impacting health under the Medical Termination of Pregnancy Act.
The right to terminate a pregnancy beyond specified limits is upheld when substantial fetal abnormalities are confirmed.
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 ....
The court affirmed reproductive autonomy and the legality of terminating pregnancies with substantial fetal abnormalities under the Medical Termination of Pregnancy Act.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.