Santhi Rajeev vs The Union Of India
2023 Latest Caselaw 8096 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945
                      WP(C) NO. 24409 OF 2023
PETITIONERS:

    1      SANTHI RAJEEV
           AGED 31 YEARS
           DAUGHTER OF RAJEEV CHUNCHU KURUPAMPARAMPIL, RESIDING AT
           'SAJI SADANAM', CHUMATHRA PO, THIRUVALLA,
           PATHANAMTHITTA, PIN - 689103
    2      PRAVEEN PRABHAKARAN
           AGED 36 YEARS
           SON OF PRABHAKARAN, 3/331 (20/221), IDAPPUNTHILETH,
           MANGARAM, MSM PO, PANDALAM, PATHANAMTHITTA, PIN -
           689501
           BY ADVS.
           AKASH S.
           DEVIKA JAYARAJ


RESPONDENTS:

    1      THE UNION OF INDIA
           REPRESENTED BY ITS SECRETARY, MINISTRY OF WOMEN AND
           CHILD DEVELOPMENT, SASTHRI BHAVAN, NEW DELHI, PIN -
           110001
    2      THE STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF
           CHILD WELFARE, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001
    3      THE DIRECTOR OF HEALTH SERVICES
           GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM, PIN -
           695035
    4      THE DIRECTOR OF MEDICAL EDUCATION,
           MEDICAL COLLEGE, KUMARAPURAM ROAD, CHALAKUZHI,
           THIRUVANANTHAPURAM, PIN - 695015
    5      THE SUPERINTENDENT
           THE GOVERNMENT MEDICAL COLLEGE, GANDHINAGAR, KOTTAYAM,
 WP(C) NO.24409 OF 2023


                            2


           PIN - 686008
    6      AMRITA INSTITUTE OF MEDICAL SCIENCES,
           REPRESENTED BY ITS MANAGING DIRECTOR,
           PONEKKARA PO, KOCHI, PIN - 682041
           SMT. VIDYA KURIAKOSE GP
           SRI. S. MANU, DSGI

        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.24409 OF 2023


                                    3



                P.V.KUNHIKRISHNAN, J.
                 ------------------------------
               W.P.(C) No.24409 of 2023
         ----------------------------------------------
        Dated this the 31st day of July, 2023


                         JUDGMENT

The above writ petition is filed with the following

prayers:

(i) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to allow the 1st petitioner to undergo Medical Termination of Pregnancy at the earliest.

(ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the Respondents 3 to 5 to take immediate steps to examine the 1st petitioner and to permit her to undergo Medical Termination of Pregnancy at the earliest.

(iii) Grant such other reliefs which this Hon'ble Court may deem fit and proper in the interest of justice."[SIC] WP(C) NO.24409 OF 2023

2. The petitioners seeks to terminate their 29

weeks old pregnancy after the obstetric trimester scan

report revealed that the fetus was suffering from

multiple anomalies, which has poor prognosis.

3. When this writ petition came up for

consideration, this Court directed the 5 th respondent to

constitute a Medical Board and to direct the Medical

Board to examine the 1st petitioner. Now the Medical

Board examine the 1st petitioner and submitted a

report. It will be better to extract the relevant portion

of the report;

"The Medical board has examined Mrs. Santhi

Rajeev, 31 yrs case of corpus callosal agenesis with

unilateral pachygyria and polymicrogyria. So

continuation of pregnancy may cause substantial risk

of physical and mental abnormalities in the fetus as

to render it seriously handicapped. So MTP may be

recommended. However, there is a chance of

survival of fetus, as the fetus is 30 weeks 5 days old."

WP(C) NO.24409 OF 2023

4. In the light of the above opinion of the

Medical Board, I think the termination of pregnancy

can be allowed. If the baby born alive, the petitioner

shall take necessary steps to take care of the child.

Therefore, this writ petition is disposed of

with the following manner:

i. The 6th respondent is allowed to

terminate the pregnancy of the 1st petitioner based

on the report of the 5th respondent.

ii. If the baby born alive, the petitioner

shall take necessary steps to take care of the

child.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO.24409 OF 2023

APPENDIX OF WP(C) 24409/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE ULTRASOUND OBSTETRICS SCAN REPORT CONDUCTED ON 22.06.2023 AT THE BURJEEL HOSPITAL, ABU DHABI Exhibit P4 TRUE COPY OF THE ULTRASOUND OBSTETRICS SCAN REPORT CONDUCTED DURING THE 28TH WEEK OF GESTATION AT THE KYPROS NICOLADES FETAL MEDICINE AND THERAPY CENTRE DATED 19.07.2023 Exhibit P5 TRUE COPY OF THE REPORT OF THE TARGETED NEUROSONOGRAM CONDUCTED AT THE DIVISION OF FETAL MEDICINE AND PERINATOLOGY AT THE 6TH RESPONDENT HOSPITAL DATED 24.07.2023, WRONGLY STATED AS 27.07.2023

RESPONDENTS EXHIBITS :NIL

//TRUE COPY// PA TO JUDGE