RAMSIYAMOL R. S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, an unmarried woman, whose pregnancy has crossed the gestation period of 28 weeks, is before this Court seeking permission for medical termination of her pregnancy. According to the petitioner, she was in love with a person named Sanjay and was in a live-in relationship with him from 17/11/2021 onwards. Petitioner admits that the pregnancy is from a consensual sexual relationship with Sanjay. According to the petitioner, she had sex with Sanjay believing his promise to convert to Islam and marry her. Contrary to the promise, Sanjay refused to marry the petitioner, unless his demand for dowry is met. The petitioner also alleges that her partner used to assault her in an inebriated state and she was finally drivenout of his house on 27/9/2022. From that day onwards, the relationship between the petitioner and her partner has broken down irretrievably. The petitioner underwent a radio diagnosis on 19/8/2022, which revealed that the gestational age of the foetus is 18 weeks and one day. The petitioner laments that her family is economically backward and birth of a child prior to the petitioner's marriage will adversely effect her future as also the dignity of the family. Hence the petitioner decided to terminate the pregnancy and for that purpose, approached medical practitioners. The Doctors are not willing to conduct the surgery in the absence of a direction from this Court. Hence, this writ petition.

(2.) When the writ petition came up for admission, the Superintendent, SAT Hospital, Thiruvananthapuram was directed to constitute a Medical Board for examining the petitioner and tomake available the Medical Board's opinion. Accordingly the medical board examined the petitioner on 29/10/2022 and opined as under;

(3.) The Medical Board's opinion reveals that the petitioner was taking good care of her pregnancy by regular ANC and her mental statusexamination reveals a conscious, oriented female with clinically normal, intellectual function and sound mind. The ultra sound findings shows an uncomplicated singleton live pregnancy of 28 weeks duration with no foetal or maternal complications. The Medical Board has also opined against medical termination of pregnancy considering the risk involved for the baby.