Thasleena. P vs State Of Kerala

N.Nagaresh, J

The 1st petitioner is the wife of the 2nd petitioner. The 1st petitioner is pregnant and the gestation of her pregnancy corresponds to 22 weeks.

The petitioners submit that on routine medical check-up in the 5th month of Pregnancy Scan, it is found that the foetus in the womb has abnormalities. In order to ensure the health of the foetus and also that of the 1st petitioner, as an act of abundant caution, the 1st petitioner was directed to undergo Fetal Echocardiogram Test for detailed examination.

It is the case of the petitioner that in the Fetal Echocardiogram test, multiple issues were noticed with respect to the heart of the foetus, which was confirmed by the Gynecologist. The Gynecologist informed the petitioners that if the child is born, the child would be suffering severe infirmities. In such circumstances, the petitioners desire to resort to Medical Termination of Pregnancy (MTP) of the 1st petitioner.

The petitioners contended that since the pregnancy is of now 22 weeks, the respondents may not permit Medical Termination of Pregnancy, unless there is a direction by this Court.

The learned Government Pleader submitted that in view of the Amendment brought to the Medical Termination of Pregnancy Act, 1971 (Act, 1971), to Section 3 thereof, MTP can be now resorted to where the length of pregnancy exceeds twenty weeks but does not exceed twenty-four weeks in case of such category of woman as may be prescribed by the rules. In view of the Amendments brought about to the Act, 1971, the petitioner can approach the Competent Hospitals where the facility of MTP is available.

The learned Government Pleader pointed out that in view of a Government Order dated 31.12.2020, only the Medical Colleges at Trivandrum, Allappuzha, Kottayam and Kozhikode have the facilities to carry out MTP.

In the facts and circumstances, this Court is of the view that the petitioner can approach the additional 9th respondent with a request for MTP in the light of Medical Termination of Pregnancy Amendment Act, 2021, who can consider the request in accordance with law.

In view of the above, the writ petition is disposed of permitting the petitioners to approach the additional 9th respondent seeking MTP in accordance with law. The petitioner shall serve a copy of the writ petition as well as a certified copy of the judgment in this writ petition on the additional 9th respondent. On receiving the request from the petitioners, the additional 9th respondent shall take an informed decision as expeditiously as possible.