IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
PRISKILLA K BABY – Appellant
Versus
UNION OF INDIA – Respondent
J U D G M E N T The petitioners, who are the wife and husband, have been seeking medical termination of 27 weeks plus 2 days old pregnancy, after having found that the foetus suffers 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 Chromosomal Microarray Cytoscan Optima test report revealed that a gain of 33091 kbp on chromosome consistent with Trisomy 21 or Down’s Syndrome, - the common genetic cause of mental retardation and is associated with several clinical traits including congenital heart disease, Duodenal stenosis or Atresia, Imperforate anus, Hirschsprung disease, Muscle Hypotonia, Immune system deficiencies, Increased risk of childhood Leukaemia and early onset Alzheimer’s disease and Genomic Amauplory. 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, the learned CGC and the learned Government Pleader.
3. When the writ petition came up for consideration on
09.02.
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