JERIN RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners are husband and wife. Second petitioner is currently pregnant with a gestational age of nearly 34 weeks. She underwent growth scanning at Mediclinic Hospital, Abu Dabhi in her 32 week of pregnancy. The foetus was diagnosed with severe bilateral ventriculomegaly, a grave neurological condition characterized by excessive enlargement of lateral ventricles of the brain. The Specialist she consulted at Abu Dhabi advised her to terminate the pregnancy. She reached Kerala on the same day and underwent an indepth 5D scan on 16/4/2025. A doubt expressed by Mediclinic, Abu Dhabi about hydrocephalus was confirmed in the scanning report dtd. 16/4/2025. Thereafter, the petitioners approached RELA Institute of Medical Sciences, Chennai on 18/4/2025. The 2 nd petitioner was subjected to B-mode ultrasonography of the gravid uterus as well as Extended Neurosonogram which confirmed the said diagnosis of Hydrocephalus. The report indicated bilateral severe ventriculomegaly with thickened and ecogenic walls, dilated third and fourth ventricles, 3x1.3 cm inner hemispheric cyst, mild cardiomegaly, poor cardiac contractility and dilated left ventricle and ventricular wall hypertrophy and also oligohydramnios. Petitioners were advised to terminate pregnancy by the RELA Institute of Medical Sciences, Chennai.

(2.) In view of the medical opinions of the experts, the petitioners arrived at a conclusion that termination of pregnancy is to be resorted to. They have approached this Court since the gestation period has exceeded 24 weeks. On 22/4/2025, an interim order was passed directing the additional 6 th respondent to constitute a Medical Board to examine the condition of the fetus and of the 2nd petitioner and to furnish opinion. The Professor and HOD, Department of Obstetrics and Gynaecology, SAT Hospital, Medical College, Thiruvananthapuram constituted a Medical Board with 11 members which examined the case. The learned Government Pleader has handed over a copy of the opinion of the Medical Board. Final opinion of the Medical Board is extracted hereunder:-

(3.) The learned counsel for the petitioner, on instructions, submitted that the petitioners are ready to accept the risk pointed out as above by the Medical Board.