Termination of pregnancy is permissible under specific conditions even after the prescribed gestational limit, considering both fetal abnormalities and maternal health.

JUDGMENT

The petitioner has filed this Writ Petition producing Exts.P1 to P6 scan reports/medical opinion seeking a direction to the respondents to carry out medical termination of her pregnancy. The scan reports would show severe abnormalities to the fetus. The gestation age of the fetus was 20 weeks and 5 days as on 15.01.2021. She has also produced Ext.P7 e-mail by which her husband, who is a sailor, has given consent for termination of pregnancy. 2. When the matter came up for admission on

18.01.2021 this Court passed an interim order directing the 5th respondent to constitute a Medical Board to examine and report the medical condition of the petitioner and the fetus.

3. However, on 22.01.2021 when the matter came up for consideration, the learned counsel for the petitioner made available a copy of the Government Order dated 31.12.2020 by which the Government has constituted a Medical Board for examining the cases of MTP where gestation period exceeded 20 weeks. Therefore, the Superintendent, Government T.D.

Medical College Hospital, Alappuzha was impleaded as additional 6th respondent and direction was issued to examine the petitioner and to make available the report. 4. Smt.Princy Xavier, the learned Government Pleader, has made available the report of the medical board which would show that the medical board was convened on

23.01.2021 with the following members:

1. Dr. R.V.Ramlal, Chairman &

Superintendent

2. Dr.Sathiamma P K, Prof.OBG Dept

3. Dr.Jayaram Sankar K R, Asso Prof Paediatrics Dept

4. Dr.Suma Job, Asso Prof Radiodiagnosis Dept

5. Dr.Baiju R, Addl Prof Cardiology Dept

6. Dr.P S Shajahan, Addl Prof Pulmonary Medicine Dept

7. Dr.Shaji C V, Prof & HOD Neuromedicine Dept

8. Dr.Rema Priyadarsini, Prof & HOD Pathology

5. The report of the medical Board state as follows:

“Foetal heart shows prominent aorta, small pulmonar artery, and VSD. Features consistent with fetal echo findings of tetrology of fallot with pulmonary stenosis.

Impression Singly live intrauterine fetus with average gestational age 21 weeks 6 days with fetal echo findings of tetrology of fallot with pulmonary stenosis.”

In the report it is also stated as follows:

The Medical Board Clinically assessed the patient and obstetric ultrasound was done (Report attached). We have also gone through the medical records made available by the Hon.High Court of Kerala and reached the following conclusions.

Mrs.Afja is a case of two previous Cesarean sections. Clinically, now the uterine size corresponds to 20 weeks and sonologically 21 weeks 6 days which corresponds to the period of amenorrhea. Sonologically, fetus has got features of Tetrology of Fallot with pulmonary stenosis.

Mrs Afja is mentally upset regarding the continuation and outcome of pregnancy. She has no other co morbidities which contra indicate MTP except for the risk related to previous two Caesarean sections.

The above medical condition of the fetus as such is scientifically not an indication for MTP. However, since this pregnancy is less than 24 weeks of gestation and considering the mental anguish of the patient and her social status, as per The MTP Act amended in 2020, MTP may be considered for her.”

6. As per Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, termination of pregnancy is permissible where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are, of opinion, formed in good faith, that (i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or (ii) there is a substantial risk that if the child were born, it would suffer from such ph