There can be no restriction on a woman’s right to exercise her reproductive choice to either procreate or to abstain from procreating, the Kerala High Court said while allowing a 23-year-old woman to medically terminate her 26-week pregnancy. Justice VG Arun, in an order on November 2, said that the medical board has opined that the woman was having acute stress reaction and continuation of the pregnancy may risk her life.
The woman had conceived from a consensual relationship. According to her plea, she became aware of her pregnancy only after an ultrasound scan was conducted on the advice of the doctor whom she had visited complaining of irregular menstrual periods and other physical discomfort. However, none of the hospitals were prepared to terminate the pregnancy as it had crossed 24 weeks.
Referring to previous Supreme Court judgements, the Kerala High Court said a woman’s right to make reproductive choice comes under the dimension of her personal liberty, under Article 21 of the Constitution (Protection of Life and Personal Liberty).
“A careful scrutiny of the opinion shows that the petitioner is having acute stress reaction and continuation of the pregnancy may cause an exacerbation of her medical distress which may entail risk to the petitioner’s life,” the court noted.
The High Court permitted the woman to terminate her pregnancy at the government medical college hospital or any other hospital having facilities mandated by the Medical Termination of Pregnancy (MTP) Act.
The woman had told the court that she had been suffering from polycystic ovarian disease, a condition characterised by irregular menstrual periods, and so had no clue of her pregnancy till the scan report was received on October 25. Adding to her woes, the man with whom she was in a relationship had left the country for higher studies. She moved the High Court seeking permission to medically terminate the pregnancy as continuing with the pregnancy would aggravate her stress and mental agony and would impact her education and ability to earn a livelihood.