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Judgment
The petitioners, who are husband and wife, have filed this Writ Petition producing Exts.P2 and P3 medical reports seeking a direction to the
respondents to carry out medical termination of the 1st petitioner's pregnancy. The scan reports would show severe abnormalities to the fetus. The
gestation average age of the fetus was 23 weeks as on 17.02.2021.
When the matter came up for admission on 22.02.2021 this Court passed an interim order, in the light of the Government Order dated 31.12.2020
directing the additional 5th respondent to constitute a Medical Board and to examine and report the medical condition of the petitioner and the fetus.
Thereafter, Smt. Vineetha.B, the learned Government Pleader, has made available the report of the medical board which would show that the medical
board was convened on 23.02.2021 with the following members:
“1. Dr. A Santhosh Kumar, Superintendent, SATH, Govt.Medical College, Trivandrum,
Dr.Sreekumari R, Professor and Head, Dept. of O & G, Govt.Medical College, Trivandrum,
Dr.Geetha M I, Associate Professor, Dept. of O & G, Govt.Medical College, Trivandrum
Dr. Radhika S, Associate Professor, Neonatology Dept., Govt. Medical College, Trivandrum
Dr.Priyasree J, RMO, SAT Hospital, Govt. Medical College, Trivandrum.â€
The medical board has examined the petitioner & observed the following facts:
“24 year old G2P1L1, previous CS, T EDC, 16-6-21, T GA: 23 weeks 6 days, on 23/2/2021, requesting MTP in view of fetal anomalies.
Patient was referred to us at 20 weeks 5 days from Victoria Hospital, Kollam in view of USS showing severe oligamnios and low lying
placenta. She also had a USS done at 17 week 1 day which showed CTEV. A repeat USS to look for anomalies and placental localization
was advised and patient reported on the casuality with USS on the same day.
Opinion of the Medical Board
Neonatology Opinion : Missing of oligohydramnios, fetal B/C CTEV and fetal bladder extrophy noted will need postnatal surgical
interventions for correction. Prognosis is guarded.
Fetal medicine opinion : the scan findings is consistent with bladder/cloacal extrophy with oligamnios; survival is more than 90%;
however the new born may require extensive corrective surgeries and some amount of urinary diversion cloacal extrophy. The prognosis
remains guarded.
Obstetrician Opinion : In view of guarded prognosis given by the Medical Board the consensus is to conduct MTP.â€
The report of the medical Board, also shows that grave abnormalities have been found in the fetus. 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 physical or mental abnormalities as to be seriously handicapped. As per Section 5 of the Medical
Termination of Pregnancy Act, termination of pregnancy is permissible even in cases where the period of gestation exceeds the period prescribed in
Section 3 and 4 of the Act, which reads as follows:
“5. S.3 and S.4 when not to apply. - (1) The provisions of S.4 and so much of the provisions of sub-section (2) of S.3 as relate to the
length of the pregnancy and the opinion of not less than two registered medical practitioner, shall not apply to the termination of a
pregnancy by the registered medical practitioner in case where he is of opinion, formed in good faith, that the termination of such
pregnancy is immediately necessary to save the life of the pregnant woman.â€
The Apex Court has in similar circumstances, in the judgment in Sarmishtha Chakrabortty v. Union of India: (2018) 13 SCC 339, permitted
termination of pregnancy when the gestational age was 26 weeks, in view of the recommendation of the medical board and the medical report
revealing the threat of severe mental injury to the woman and to the multiple complex problems to the child, if born alive, involving complex cardiac
corrective surgery stage by stage after birth, in the event of continuation of the pregnancy. In Meera Santosh Pal v. Union of India: (2017) 3 SCC 462
also permission was granted when the pregnancy crossed 24 weeks, in view of the medical reports pointing out the risk involved. This Court also in
ABC v. Union of India : 2020(2) KHC 526, permitted termination of pregnancy in order to save the life of the pregnant woman, who was in physical
as well as mental trauma. In the judgment reported in Neethu Narendran v. State of Kerala: 2020(3)KHC 157 also this Court permitted termination of
pregnancy when gestational age crossed 23 weeks. In view of the medical report furnished in the present case, I deem it necessary to permit
termination of pregnancy of the 1st petitioner.
Therefore, having regard to the urgency involved in the matter, there shall be a direction to the 5th respondent to see that the termination of
pregnancy of the 1st petitioner is carried out at the earliest, by competent doctors in accordance with the provisions of the Medical Termination of
Pregnancy Act, 1971, its rules and all other rules, regulations and guidelines prescribed for the purpose.
The Writ Petition is allowed accordingly.