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Judgment
12 paragraphs · 396 wordsP. V. Kunhikrishnan, J
The above writ petition is filed with the following prayers:
i) Issue a writ of mandamus or direction or order directing the respondents 3 to 5 to take necessary steps under the Medical termination of pregnancy Act 1971 to terminate the pregnancy of the 2nd petitioner herein in the interest of justice;
ii) Issue any other writ, order or direction as this Hon’ble Court may deem fit and proper in the circumstances of this case.
Petitioners are husband and wife. Their elder son is at the age of 10 years. The 2nd petitioner is in her 25th week of pregnancy. The Doctors advised that there is symptom of Copy of Chromosome which is known as ‘Down Syndrome’ to the child and giving birth to the child is highly risky. The 2nd petitioner wants to terminate the pregnancy. Hence this writ petition.
Heard the learned counsel for the petitioners and the learned Government Pleader.
When this writ petition came up for consideration on 14.07.2023, this Court directed the 4th respondent to constitute a Medical Board and examine the 2nd petitioner and submit a report before this Court. The Medial Board after examining the 2nd petitioner submitted a report before this Court. The opinion of the Medical Board is extracted herebelow:
‘The Medical board has examined Mrs. Leenamol P.G, 33 yrs with 25 weeks 4 days gestation. Case of Down's Syndrome NIPT proven. Now USG showing B/L Gross hydronephro ureterosis with distended Urinary Bladder showing delayed emptying. Amniotic Fluid Volume Upper limit-23.6cm. So continuation of pregnancy may cause substantial risk of physical and mental abnormalities in the fetus as to render it seriously handicapped. So MTP may be recommended. However there is a chance of survival of foetus, as the foetus is 25 weeks 4 days old.’
It is submitted in the report that, there is a chance of survival of the baby. Considering the report submitted by the Medical Board, I think the termination of the pregnancy can be allowed. If the baby born alive, petitioners have to do the needful.
Therefore, this writ petition is disposed of with the following directions:
(i) The 4th respondent is directed to take necessary steps to terminate the pregnancy of the 2nd petitioner forthwith.
(ii) If the baby born alive, the hospital authorities will do the needful in accordance to law.