The right to terminate a pregnancy beyond specified limits is upheld when substantial fetal abnormalities are confirmed.

J U D G M E N T The petitioners, who are husband and wife, have been seeking medical termination of 31 weeks plus 3 days old pregnancy, after having found that the foetus suffers from congenital abnormalities of the brain and head, including features suggestive of microcephaly, carrying a high likelihood of serious and lifelong physical and neurological disability. According to the petitioners, Exts.P4 to P6 scan reports reveal that the head and brain of foetus are affected by serious developmental abnormalities. The petitioners, therefore, seek for a direction to the respondents to permit the petitioner to undergo medical termination of pregnancy.

2. Heard the learned counsel for the petitioners, the learned DSGI and the learned Government Pleader.

3. When the writ petition came up for consideration on

27.01.2026, this Court directed the sixth respondent to constitute a Medical Board for the purpose of assessing the following:-

(i) whether continuance of the petitioner's pregnancy would involve risk to her life or grave injury to her physical or mental health, (ii) whether there is a substantial risk that if the child was born, it would suffer from such physical or mental abnormalities as to be seriously handicapped and if so, the nature of abnormalities and (iii) whether, having regard to the advanced stage of pregnancy, there is any danger (other than usual danger which arises even in spontaneous delivery at the end of full term) if the pregnant mother is permitted to terminate her pregnancy.

Today, the learned Government Pleader made available this Court the report of the Medical Board dated 29.01.2026 comprising of Professor (CAP) of OBG department, Associate Professors of Department of Neuro Medicine and Neuro Surgery, and Assistant Professors of Department Radio Diagnosis and Pediatrics Department, of the Government Medical College Hospital, Kottayam. The conclusion and final opinion of the Medical Board are as follows:-

6. Opinion by Medical Board for termination of pregnancy:

a) Allowed : Allowed b) Denied:

Justification for the decision: It is inferred that continuation of pregnancy is likely to be associated with risk to her mental health.”

4. The termination of pregnancy is governed by the Medical Termination of Pregnancy Act, 1971 (‘Act’, in short) and the rules framed thereunder. The Act is a progressive legislation that regulates how pregnancies can be terminated.

5. Section 3 of the Act spells out the conditions to be satisfied to terminate a pregnancy, which reads as follows:

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S.3 - When pregnancies may be terminated by registered medical practitioners.—

(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner, ―

(a) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner, is or (b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty - four weeks in case of such category of woman as may be prescribed by rules made under this Act, if not less than two registered medical practitioners are, of the 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 any serious physical or mental abnorm