Mental Health Of Mother Vital To Child Even If He/ She Is To Be Born Alive: Kerala HC Allows Medical Termination Of 32 Weeks Pregnancy

While observing that the mental health of the mother is vital to the child even if he/she is to be born alive, the Kerala High Court allowed a plea for medical termination of 32 weeks pregnancy.

A Single Judge Bench of Justice Devan Ramchandran requested the Chairperson of the Medical Board to oversee the processes with respect to medical termination and take a call on how to go on with it, including by performing a C-Section, if it is found to be the most rational one to do in the given circumstances.

The Bench also directed that if the baby is to be born alive, then all care and protection would be given; and depending upon the prognosis, left it to the Medical Board to decide in what manner further action will need to be taken forward.

Advocate Akash S. appeared for the Petitioner, whereas Advocate Vidya Kuriakose appeared for the Respondent.

The petitioners in this case are ‘parents-to-be’ with their second child; and one among them is in advanced stage pregnancy of 32 weeks. They say that they have definite advice that the baby is suffering from very grievous abnormalities and even if the pregnancy is allowed to continue, the baby would have serious complications, which would not allow a normal life. Hence, the petitioners have approached the High Court seeking relief under the provisions of Medical Termination of Pregnancy Act, 1971.

After considering the submission and opinion of the Superintendent of the Government Medical College, Ernakulam and Chairperson of the Medical Board, the Bench found that the condition of the baby is such that the prognosis is not very favourable; and that, as far as the mother is concerned, she has a past history of depressive disorder, leading to the possibility of her mental health being seriously affected, if the pregnancy is continued.

Even though the pregnancy will not cause any risk to the life of the first petitioner, as the Medical Board’s opinion, the Bench found that according to the available MRI Report, the baby is likely to have severe neurological and respiratory abnormalities, but that since the gestation is now 32 weeks and the fetal weight is 1.5 K.G. - as per the growth scan, there is a possibility that the baby may be born alive, but that his/her life may be severely constrained.

The Court also considered the opinion of the Medical Board that C-Section would be better since the baby can be taken out and that there is a chance up to 70%, that he/she will be alive, even though is doubt as to whether the child will have a continued life or not.

Accordingly, the High Court directed the first petitioner to get admitted in the Government Medical College Hospital, Ernakulam, forthwith, for the requisite process.

Cause Title: XXX v. Union of India and Ors. [Neutral Citation: 2023/KER/68037]

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