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Judgment
P.B.Suresh Kumar, J
Heard the learned counsel for the petitioner as also the learned Government Pleader.
Petitioner is a pregnant lady. The gestation of the pregnancy of the petitioner corresponds to 30 weeks. The case of the petitioner in essence is that
though substantial fetal abnormalities have been diagnosed, the respondents are not terminating the pregnancy of the petitioner since the length of the
pregnancy exceeded 20 weeks.
In the light of the provision in sub-section (2B) of Section 3 of the Medical Termination of Pregnancy Act, 1971, (the Act), there cannot be any
dispute that notwithstanding the restrictions imposed under sub-section (2) of Section 3 of the Act in the matter of terminating the pregnancy beyond
the periods specified therein, the pregnancy can be terminated if substantial fetal abnormalities are diagnosed by a Medical Board.
The learned Government Pleader submits that though Medical Boards have not been constituted as provided for in sub-section (2C) of Section 3 of
Act, Medical Boards have been constituted consisting of experts provided for in sub-section (2D) of Section 3 of the Act at the Government Medical
College, Thiruvananthapuram in terms of G.O.(Rt)No.2444 of 2020 dated 31.12.2020.
Having regard to the very advanced stage of the pregnancy of the petitioner and the assertion made by the petitioner that substantial fetal
abnormalities have been detected by the doctors treating her and that the respondents are not terminating the pregnancy having regard to its length, I
deem it appropriate to pass an interim order directing the third respondent to subject the petitioner to Medical Examination by the Medical Board
constituted in terms of the order dated 31.12.2020 at the earliest, and permitting the respondents to undertake the procedure for termination of the
pregnancy, if it is so opined by the Medical Board. Ordered accordingly. The Government Pleader shall communicate this order to respondents 2 and
3, and the petitioner shall appear before the third respondent for medical examination forthwith.