The court affirmed the right to terminate pregnancy in cases of substantial foetal abnormalities, emphasizing the necessity of medical opinion in protecting the mother's health and reproductive choices.

J U D G M E N T

The first petitioner the wife, who has been seeking medical termination of 25 weeks old pregnancy, after having found that the foetus suffers from fatal abnormalities including issues to the heart like large Cono Ventricular Septal Defect(VSD) associated with double outlet right ventricle. On 03.02.2026, fetal echocardiography done at Amrita Institute of Medical Sciences and Research Centre, Ernakulam, evidenced by Ext.P1 report, in which, it was found that the foetus was also diagnosed with pulmonary atresia, which is congenital heart defect where the pulmonary valve is blocked preventing blood flow from the right ventricle to the lungs. There was also absence of the aortic arch as the actions of the same are generally considered abnormal. The foetus was also diagnosed with Tetralogy of Fallot which means that the baby's heart over grows during pregnancy. According to the petitioners, as per Ext.P1, the foetus is suffering from major anomalies and if at all, the child is born alive, the quality of life would be so poor that even movement would not be possible. The petitioners, therefore, seek for a direction to the

3rd respondent to permit the 1^st 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

11.02.2026 this Court directed the third 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?

4. Today, the learned Government Pleader made available to this Court the report of the Medical Board dated 13.02.2026 comprising of Professor & HOD Department of OBG, Professor (CAP) Department of OBG, Foetal Medicine Assoc. Prof. (CAP) Dept. Of OBG, Assistant Professor Dept. Of Radio Diagnosis, Assistant Professor Dept. Of Cardiology, Assistant Professor, Department of Paediatrics (Neonatology Dept. Of Paediatrics), Associate Professor (CAP) Department of Psychiatry of the Government Medical College Hospital, Kottayam. The conclusion and final opinion of the Medical Board are as follows:-

Conclusion:

6. Opinion by Medical Board for termination of pregnancy:

a) Allowed: Allowed b) Denied:

Justification for the decision: The continuation of pregnancy is likely to be associated with significant emotional distress to her mental health.

5. 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.

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

"

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 ac