w w w . L a w y e r S e r v i c e s . i n

S.H. Afja v/s State of Kerala, Represented by The Secretary, Department of Women & Child Development, Government Secretariat, Thiruvananthapuram & Others

Company & Directors' Information:- J J DEVELOPMENT PRIVATE LIMITED [Active] CIN = U50300WB1996PTC081491

Company & Directors' Information:- L N DEVELOPMENT LIMITED [Active] CIN = U70102ML1986PLC002590

Company & Directors' Information:- CHILD & COMPANY PVT LTD [Amalgamated] CIN = U18102WB1995PTC071417

Company & Directors' Information:- K K R DEVELOPMENT PVT LTD [Active] CIN = U70101WB1981PTC034258

Company & Directors' Information:- D P S DEVELOPMENT PVT LTD [Active] CIN = U45202WB1988PTC044797

Company & Directors' Information:- DEVELOPMENT CORPN PVT LTD [Active] CIN = U13209WB1939PTC009750

Company & Directors' Information:- SH CORPORATION PRIVATE LIMITED [Active] CIN = U70200PN2013PTC147847

Company & Directors' Information:- CHILD & CO PVT LTD [Strike Off] CIN = U51909WB1950PTC019001

Company & Directors' Information:- S.H. LIMITED [Dissolved] CIN = U99999MH1927PTC001345

    WP(C). No. 1319 of 2021 (L)

    Decided On, 25 January 2021

    At, High Court of Kerala


    For the Petitioner: P.T. Mohankumar, George Cherian, Advocates. For the Respondents: Princy Xavier, GP.

Judgment Text

1. The petitioner has filed this Writ Petition producing Exts.P1 to P6 scan reports/medical opinion seeking a direction to the respondents to carry out medical termination of her pregnancy. The scan reports would show severe abnormalities to the fetus. The gestation age of the fetus was 20 weeks and 5 days as on 15.01.2021. She has also produced Ext.P7 e-mail by which her husband, who is a sailor, has given consent for termination of pregnancy.2. When the matter came up for admission on 18.01.2021 this Court passed an interim order directing the 5 th respondent to constitute a Medical Board to examine and report the medical condition of the petitioner and the fetus.3. However, on 22.01.2021 when the matter came up for consideration, the learned counsel for the petitioner made available a copy of the Government Order dated 31.12.2020 by which the Government has constituted a Medical Board for examining the cases of MTP where gestation period exceeded 20 weeks. Therefore, the Superintendent, Government T.D. Medical College Hospital, Alappuzha was impleaded as additional 6th respondent and direction was issued to examine the petitioner and to make available the report.4. Smt.Princy Xavier, the learned Government Pleader, has made available the report of the medical board which would show that the medical board was convened on 23.01.2021 with the following members:1. Dr. R.V.Ramlal, Chairman & Superintendent2. Dr.Sathiamma P K, Prof.OBG Dept3. Dr.Jayaram Sankar K R, Asso Prof Paediatrics Dept4. Dr.Suma Job, Asso Prof Radiodiagnosis Dept5. Dr.Baiju R, Addl Prof Cardiology Dept6. Dr.P S Shajahan, Addl Prof Pulmonary Medicine Dept7. Dr.Shaji C V, Prof & HOD Neuromedicine Dept8. Dr.Rema Priyadarsini, Prof & HOD Pathology5. The report of the medical Board state as follows:“Foetal heart shows prominent aorta, small pulmonar artery, and VSD. Features consistent with fetal echo findings of tetrology of fallot with pulmonary stenosis.ImpressionSingly live intrauterine fetus with average gestational age 21 weeks 6 days with fetal echo findings of tetrology of fallot with pulmonary stenosis.”In the report it is also stated as follows:The Medical Board Clinically assessed the patient and obstetric ultrasound was done (Report attached). We have also gone through the medical records made available by the Hon.High Court of Kerala and reached the following conclusions.Mrs.Afja is a case of two previous Cesarean sections. Clinically, now the uterine size corresponds to 20 weeks and sonologically 21 weeks 6 days which corresponds to the period of amenorrhea. Sonologically, fetus has got features of Tetrology of Fallot with pulmonary stenosis.Mrs Afja is mentally upset regarding the continuation and outcome of pregnancy. She has no other co morbidities which contra indicate MTP except for the risk related to previous two Caesarean sections.The above medical condition of the fetus as such is scientifically not an indication for MTP. However, since this pregnancy is less than 24 weeks of gestation and consideri