Procreate or abort is woman’s choice: Kerala HC

KOCHI: Allowing a 23-year-old to medically terminate her 24-week-old foetus, the Kerala High Court has held that there can be no restriction on a woman’s right to exercise her reproductive choice to procreate or abstain from it. 

The HC was hearing the petition of the girl, an MBA student, who had conceived from a consensual relationship with a classmate. The petition said the girl came to know she was pregnant following an ultrasound scan that was done on the advice of the doctor whom she had visited complaining of irregular menstrual cycle and other physical discomfort. 

News of the pregnancy left her mentally and emotionally disturbed, said the petition, adding that the classmate with whom she was in a relationship, had left the country for higher studies.The girl sought the nod to terminate the pregnancy saying she was convinced that continuing with it will aggravate her agony and impact her education and ability to earn a livelihood. 

However, since the pregnancy had crossed 24 weeks, hospitals were not willing to terminate it in view of the interdiction contained under the Medical Termination of Pregnancy Act, 1971. The girl’s counsel submitted that in view of the stress, social isolation as well as considering the need for continuing her education, the girl was willing to face the risks associated with the termination of pregnancy. Considering the report of a medical board, the court said the petitioner was experiencing acute stress reaction and continuation of the pregnancy may exacerbate her medical distress, risking her life.