KRUPA PROLIFERS Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Petition, as a public interest litigation, is filed, seeking the following reliefs:

(2.) The petitioner, a registered educational and charitable Trust, claims that its main aim and object is to protect, preserve and uphold the dignity of every human being, right from fallopian tube till natural death occurs, irrespective of consideration, such as creed, colour, language,, religion, gender, politics etc., and also prevent abortion at any stage by all means.

(3.) According to the petitioner, with the help of media, such as television, newspapers, weeklies, magazines etc., the Pharmaceutical Company, the 4th respondent herein, is promoting abortion among women, by advertising that the use of the tablet named "i-pill" within 72 hours of fertilization will prevent pregnancy and also giving assurance that it will be available from any Medical Store without the prescription of a medical practitioner. It is vehemently argued that the law in this regard, especially, the Medical Termination of Pregnancy Act, 1971 (hereinafter called as "M.T.P. Act") allows/permits only registered medical practitioners to terminate the pregnancy of a woman, that too, in unavoidable circumstances, that too, in accordance with the provisions of the Act. It is submitted that the availability of these types of tablets, without any restriction, would adversely affect the younger generation of the nation and in the long run, it would destroy the morality and the society will fall into anarchy.