JAMSHIYA AJMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is seeking medical termination of her 29 weeks old pregnancy, after having found that the foetus is having aneuploidy involving specific markers of Chromosome 21, indicative of a serious chromosomal abnormality. On 21/1/2026, a detailed anomaly scan was done at CIMAR, Hospital, Edappal confirmed the above findings. The petitioner's amniotic fluid was collected on 18/2/2026 and after perusing the report the doctor informed that the petitioner has chromosomal abnormality involving Chromosome 21. According to the petitioner, on 26/2/2026, she approached the Government Medical College, Thrissur seeking a second medical opinion and the doctor informed that the foetus is likely to be affected with Down Syndrome (Trisomy 21). Thereafter, on 4/3/2026, the petitioner consulted Aster Medicity Hospital, with all relevant medical records for a further expert opinion. The specialist doctors therein after perusing the reports including the chromosomal analysis, advised that the detected chromosomal abnormality is irreversible and not amenable to any curative treatment. The petitioner, therefore, seek for a direction to the 4th respondent to permit the petitioner to undergo medical termination of pregnancy.

(2.) Heard the learned counsel for the petitioner and the learned Government Pleader.

(3.) When the writ petition came up for consideration on 5/3/2026, this Court directed the fourth respondent to constitute a Medical Board for the purpose of assessing the following:-