No Restriction On Woman's Right To Exercise Her Reproductive Choice To Either Procreate Or To Abstain From Procreating: Kerala HC

The Kerala High Court has observed that there can be no restriction on a woman's right to exercise her reproductive choice to either procreate or to abstain from procreating.

The bench of Justice VG Arun allowed the plea of a 23-year-old girl to medically terminate her pregnancy of 26 weeks.

The Court observed that "There can be no restriction on a woman's right to exercise her reproductive choice to either procreate or to abstain from procreating. A woman's right to make reproductive choice being a dimension of her personal liberty, as understood under Article 21 of the Constitution of India, has been declared in Suchita Srivastava v Chandigarh Admn [2009(9) SCC 1]"

In this case, the petitioner conceived from a consensual relationship with her classmate. According to the petitioner, she became pregnant due to failure of the contraceptives used.

The petitioner became aware of her pregnancy only when an ultrasound scan was conducted on the advice of the doctor whom the petitioner had visited complaining about irregular menstrual periods and other physical discomforts.

It is the petitioner's case that she had been suffering from Polycystic Ovarian Disease, a condition characterized by irregular menstrual periods. Hence, she had no clue about her pregnancy till the scan report was received.

As per the petitioner, on realizing that she is pregnant, she became mentally and emotionally disturbed. The classmate, with whom she was in relationship, left the country for higher studies.

When the writ petition came up for admission, the Medical Superintendent of the Hospital was directed to constitute a Medical Board and to examine the petitioner and make available the opinion of the Medical Board.

Advocate Akash Sathaynanthan appeared for the petitioner and Government Pleader P.S.Appu represented the Respondents.

The Court observed that as per the opinion of the Medical Board the petitioner is having acute stress reaction and continuation of the pregnancy may cause an exacerbation of her medical distress which may entail risk to the petitioner's life.

Thus taking into consideration the recommendation of the Medical Board and its opinion that the continuation of the pregnancy may cause risk to the petitioner's life, the Court permitted the petitioner to get her pregnancy terminated.

The Court also directed that if the baby is alive at birth, the hospital shall ensure best medical treatment to the baby.

Cause Title- XXXXXX v. The Union of India & 7 others

Click here to read/download the Order