EMY K KURIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st petitioner is the wife of the 2nd petitioner. The 1st petitioner is in the 24th week of gestation. The foetus has substantial abnormalities. If the child is born, it would suffer from neurological problems. The 1st petitioner's life also would be at risk. In view of the stringent provisions of the Medical Termination of Pregnancy Act, 1971 ('Act', in short) and as the gestation has reached 24 weeks, the competent authority will not permit the termination of pregnancy unless directed by this Court. Therefore, the 2nd respondent may be directed to terminate the 1st petitioner's pregnancy. Hence, the writ petition.

(2.) When the writ petition came up for consideration on 28/3/2025, this Court had directed the 1st petitioner to appear before the Medical Board of the 2nd respondent.

(3.) In compliance with the directions of this Court, a Medical Board comprising of six doctors of the 2nd respondent had examined the 1st petitioner on 29/3/2025. The Medical Board has opined that the gestation is 28 weeks and the foetus has agenesis of corpus callosum. The 1st petitioner also has a cervical stitch in situ. The Pediatrician has opined that it is a non lethal anomaly with survival chances of 60%, if the termination is done at 28 weeks. Therefore, the Board has unanimously recommended not to terminate the pregnancy.