ASWATHY SURENDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Statutorily, under the mandate of Sec. 3(2)(b) of the Medical Termination of Pregnancy Act, 1971 ('Act' for short), it is only in cases where the foetus has substantial abnormalities diagnosed by the competent Medical Board, can the termination of pregnancy be sought for.

(2.) The petitioners are wife and husband and they apprehend that the foetus which the first among them is carrying, may be suffering from substantial abnormalities. They appear to be harbouring this apprehension on account of Exts.P1, P2 and P3 reports and say that they indicate "Bilateral Enlarged Echogenic Kidneys for the foetus, with presence of micro cysts in both of them". They assert that, therefore, if the pregnancy is to be now continued, it will lead to difficult prognosis for the child, particularly if it is to be born with grave abnormalities.

(3.) Noticing the afore fear of the petitioners, as impelled in this writ petition, this Court passed an order on 5/12/2023 to the following effect: