LIBINA MANZOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this Writ Petition producing Ext.P1 scan report stating that she is having high risk pregnancy with a live foetus with isolated fetal ventriculomegaly which is a damage or trauma to the foetal brain that results in Trisomy 21. In the Writ Petition she stated that as on 07.09.2020, she was having single uterine gestation with average gestational age of 22 weeks 5 days. On the basis of the diagnosis in Ext.P1 petitioner sought for a declaration that she is entitled to terminate her pregnancy under Section 3(2)(b) and 5 of Medical Termination of Pregnancy Act, 1971 and for direction to the District Medical Officer, Ernakulam to constitute a Medical Board to examine her and also to grant her permission to terminate her pregnancy in the event of such advice. The petitioner points out that even though termination of pregnancy is permissible under section 3(2) of the Medical Termination of Pregnancy Act, 1971 only up to a period of 20 weeks, in the event of risk to the life of the woman or the child termination of pregnancy can be allowed under Section 5 and also in the light of the judgments of the Honourable Supreme Court as well as this Court.

(2.) When the matter came up for consideration on 11.09.2020 this Court passed an interim order directing the 3 rd respondent to constitute a Medical Board and to examine the petitioner and to report the matter.

(3.) Accordingly a Medical Board was constituted with the following members, to examine the petitioner: