SAJIKUMAR T.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are husband and wife respectively. Petitioners have a daughter and she is 10 years of age. Second petitioner is pregnant and the pregnancy is having a length of 23 weeks and 2 days as on the date of filing of the writ petition. According to the petitioner, on medical examination, the Hospital Authorities identified that, the pregnancy is twin and thereafter it is reported by the Hospital Authorities that, one of them is vanished and only one foetus is identified. Second petitioner was referred to St.Gregorious Cardio Vascular Centre, Dr.K.M.Cherian Heart Foundation, Parumala for further consultation and Ext.P1 Radiology report is drawn. In the report the outflow tracts of heart of the foetus are not well visualised. Thereafter the foetal cardiac ultrasound was conducted on 16.5.2019, in which it is found that, there is Type III Complete AVSD, Common AV, TV CLEFT with TR, Septum Primum, Inlet VSD of the foetus, evident from Ext.P2.

(2.) Matters being so, the Doctors of the aforesaid hospital informed the petitioners that, MTP is the solution, otherwise the child born may have mental/physical cardiac problems, which may be the result of the down syndrome condition of the foetus. Consequently, 2nd petitioner was referred to the District Hospital, Kozhencherry and the Gynaecologist therein referred the 2nd petitioner to Medical College Hospital, Alappuzha with requisition for MTP and for expert management, evident from Ext.P3 letter. However, Doctors are reluctant to do the MTP since in accordance with the provisions of the Medical Termination of Pregnancy Act, 1971, prohibitions are imposed from conducting MTP exceeding 20 weeks except under exceptional circumstances. The report submitted by the Medical College Hospital is produced as Ext.P4. Therefore, according to the petitioners, unless and until directions are issued, even the life of the 2nd petitioner itself is in danger due to the complications that are reported by the medical experts, evident from Exts.P1 to P4.

(3.) I have heard learned counsel for petitioners, Smt.M.S.Kiran, learned Government Pleader, Smt.Vinitha Hariraj and perused the pleadings and documents on record.