Kerala HC upheld the right of unborn and dismissed plea of termination of 31-week pregnancy

The Kerala High Court, while dismissing a plea which sought for termination of 31-week pregnancy, held that if diagnosed foetal abnormalities are not lethal in nature and no threat exists to mother’s life or health, the choice of reproductive would’ve to be taken away in order to safeguard the right of unborn to take birth.

In the instant case, the petitioner who had completed gestation of her pregnancy for about 31-weeks, filed plea before Union of India to sought for directions to terminate her pregnancy. It had been contended by the counsel that although substantial foetal abnormalities had been diagnosed, the respondents had refused to grant permission for termination of pregnancy.

The plea of petitioner had been rejected due to the scheme of Medical Termination of Pregnancy Act, 1971, which allows termination of pregnancy before 20-weeks only; not beyond that.

According to the medical report of a medical board, termination of pregnancy might result in birth of live baby who would then have to undergo prolonged hospitalization due to premature birth. Keeping this in mind, the medical board recommended continuation of pregnancy.

The bench did not consider the submission made on behalf of petitioner and remarked that unborn bears life from the stage it transforms into a foetus. Based on this, the court found no reason to treat unborn differently from a born child.

The bench referred to Section 3(2) of the MTP, Act which prescribes for the circumstances under which pregnancy could be medical terminated. According to the provision, only when the continuation of pregnancy amounts to grave injury to mother’s health/life, or serious abnormalities to the baby if born, the pregnancy could be terminated.

Further, the bench observed that the situation of petitioner did not even fall under the Amendment Act of 2021, which allowed termination of 24-week pregnancy in exceptional cases.

The supreme court therefore, repudiated the plea sought by petitioner on grounds that medical board did not report any substantial foetal abnormalities in her case.