Kerala High Court Allows Married Couple’s Plea To Terminate 32-Week Pregnancy On Grounds Of Foetal Abnormality, Mother’s History Of Depression
Case: XXX & Anr. v. Union of India & Ors.
Coram: Justice Devan Ramachandran
Case No.: WP(C) 36490/ 2023
Court Observation: “I am of the firm view that taking note of the mental health of the mother, which is vital to a child if it is to be born alive, and respecting her autonomy with respect to her physiological and psychological requirements, I deem it appropriate to allow this writ petition,”
“The afore explanation of Dr. Ganesh Mohan juxtaposed by the report of the Medical Board…clearly eaves no choice for this Court or the parents,”
“If the child is to be born alive, then all care and protection would be given, and depending on the prognosis, it is left to the Medical Board, to decide in what manner further action will need to be taken forward. With the above purpose, I direct the petitioners to admit the first amongst them in the GMC, forthwith, if possible today itself, and Dr. Ganesh Mohan, Superintendent of the Hospital is requested to give them full assistance for this purpose to ensure that the steps are completed without any complication, and full support being given to the petitioner mother,”
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Kerala High Court Allows Married Couple’s Plea To Terminate 32-Week Pregnancy
