SANGEETHA ANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The 1st petitioner aged 27 years is the wife of the 2 nd petitioner. The 1st petitioner is a house wife and the 2nd petitioner is working as Driver in Idukki. They are before this Court seeking to direct the respondents to allow the 1st petitioner to undergo Medical Termination of Pregnancy at the earliest.

(2.) The pregnancy test of the 1st petitioner on 16.03.2020 revealed that the 1st petitioner is pregnant. A few days after the pregnancy was detected, a nationwide lock down was announced. Owing to rampant spread of Covid-19, the 1st petitioner missed foetal anomaly scan. They could conduct a foetal anomaly scan only on 05.10.2020. The scan report revealed that the foetus was having a rare genetic disorder, skeletal dysplasia, as is evidenced by Ext.P4. Obstetric Ultrasonography conducted on the 1st petitioner on 08.10.2020 further revealed that the right kidney of the foetus was not found in renal fossa. The report further disclosed that both the thigh bones of the foetus are significantly small and noticed a bending in the midshaft region as well.

(3.) The 1st petitioner was mentally and emotionally devastated when the foetal anomaly revealed. The petitioners are financially poor. They reside in a plantation workers' accommodation. The petitioners are convinced that proceeding further with the pregnancy can inflict severe stress and mental agony on the 1st petitioner. The foetus, if born alive, would be exposed to several adversities right from the time of birth. The petitioners would not be able to afford its subsequent neonatal treatment, medication and care. Though the petitioners have approached various hospitals to perform Medical Termination of Pregnancy, all hospitals declined to perform the same since they were barred by various provisions of the Medical Termination of Pregnancy Act, 1971.