The paramount importance of the petitioner's health and well-being in cases of severe abnormalities in the foetus, as supported by expert medical opinions and previous case law.

R. SUBBIAH, J.

(Prayer: Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to allow the petitioner to undergo medical termination of the petitioner’s pregnancy under the provisions of Medical Termination of Pregnancy Act, 1971.)

1. The petitioner has filed this writ petition seeking to issue a Mandamus to the respondents to permit her to undergo medical termination of the child in her womb as contemplated under the provisions of Medical Termination of Pregnancy Act, 1971.

2. The petitioner was married to one Arun Mahalingam on 02.02.2015 and due to such wedlock, a daughter was born on 06.03.2016. While so, on 08.01.2019, the petitioner discovered, through a home pregnancy test, that she was pregnant with a second child and this was also confirmed by medical tests. When the petitioner underwent regular tests in the hospital for such pregnancy, she was informed by the Doctor attached to Razack Hospital, Rathinapuri, Kayalpatnam, Tuticorin District that the antenatal scan report dated 11.05.2019, done during her 18th week of pregnancy, disclosed that the single life foetus seemed to have Dilated Ventricles. To confirm this, the petitioner was asked to undergo further tests after two or three weeks. Accordingly, after two weeks, the petitioner underwent medical examination at Trichy, where she stayed, which disclosed that the foetus was suffering from severe congenital defects and that the growth of the foetus was becoming worse day by day. The petitioner also contends that the subsequent medical examinations undergone by her disclosed that there are severe abnormalities in the foetus such as (i) dilated Ventricles (ii) cardiac anomalies (iii) overlapped fingers (iv) polyhydramnios. Therefore, Dr. Chitra attached to Lalitha Nursing Home, Trichy opined on 04.06.2019 that it would be better to terminate the foetus as soon as possible. The same was the opinion given by Dr. Giri Selvan, attached to Annai Velankanni Nursing Home, Tirunelveli on 07.06.2019. According to the medical experts, the child in the womb suffered severe complications and may not have normal life in case of his or her birth. Further, in the event of birth of the child, it would require to undergo multiple and extensive surgeries with remote chance of survival. The petitioner therefore apprehend that even if the child is born, it will have severe abnormalities and would require multiple surgeries for survival and even those surgeries, if performed, would not result in his or her longevity. Therefore, the petitioner intends to terminate the pregnancy at the earliest stage, however, as the foetus in the womb had crossed the 20 week cycle, the petitioner has approached this Court with this writ petition.

3. In the affidavit filed in support of the writ petition, the petitioner had specifically stated that she is willing to undergo any further medical tests or consultation before any Medical Board that may be constituted by this Court for assessing the medical condition of the child in the womb. She has also stated that her husband, who is living in France, has assessed and verified the medical reports and he is also willing to give his consent for terminating the pregnancy.

4. When the writ petition was taken up for hearing by the learned single Judge of this Court on 11.06.2019, the petitioner was directed to appear for a medical examination before the Dean, Thoothukudi Government Medical College Hospital, Thoothukudi with a further direction to the Dean, Thoothukudi Government Medical College Hospital, Thoothukudi to constitute a medical board to examine the petitioner’s health condition. The Dean, Thoothukudi Government Medical College Hospital, Thoothukudi was also directed to submit a report to this Court in a sealed Cover. Accordingly, the petitioner appeared before for examination and a report was also submitted in a sealed cover and the same was also taken on record by the learned s