Archana Gopal vs State Of Kerala
2023 Latest Caselaw 6494 Ker

WP(C) NO. 18499 OF 2023            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                          WP(C) NO. 18499 OF 2023
PETITIONER/S:

      1        ARCHANA GOPAL
               AGED 32 YEARS
               W/O AJAY KRISHNAN, KATTAKULATHIL HOUSE, PEROOR PO,
               ETTUMANOOR, KOTTAYAM, PIN - 686637

      2        AJAY KRISHNAN
               AGED 32 YEARS
               S/O UNNIKRISHNAN, KATTAKULATHIL HOUSE, PEROOR PO,
               ETTUMANOOR, KOTTAYAM., PIN - 686637

               BY ADVS.
               V.SREEJITH (K/1398/2000)
               ANISH.K.
               KALYANI BALACHANDRAN
               SAKEENA BEEGUM



RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY SECREARY, MINISTRY OF CHILD WELFARE,
               THYCAUD, THIRUVANATHAPURAM., PIN - 695014

      2        THE SUPERINTENDENT OF KOTTAYAM GOVERNMENT MEDICAL
               COLLEGE HOSPITAL
               ,KOTTAYAM MEDICAL COLLEGE CAMPUS, GANDHINAGAR,
               PERUMBAIKAD, KOTTAYAM, PIN - 686008

      3        THE HEAD OF DEPARTMENT
               GYNAECOLOGY, KOTTAYAM GOVERNMENT MEDICAL COLLEGE,
               KOTTAYAM MEDICAL COLLEGE CAMPUS, GANDHINAGAR,
               PERUMBAIKAD, KOTTAYAM., PIN - 686008


OTHER PRESENT:
 WP(C) NO. 18499 OF 2023                 2


              SRI.B.S.SYAMANTAK, GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.06.2023,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 18499 OF 2023                 3


                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                      W.P.(C.) No. 18499 of 2023
                     --------------------------------------
                 Dated this the 13th day of June, 2023


                                   JUDGMENT

The above writ petition is filed with following prayers :

"1. Issue a writ of mandamus or other appropriate writ, orders or directions commanding the respondents to permit and facilitate the termination of the pregnancy of the 1st peitioner.

2. Issue a writ of mandamus or any other appropriate writs, order or direction directing the respondents to take steps to examine the 1stpetitioner and to terminate the pregnancy of the 1st petitioner.

3. Grant such other orders or directions as this Hon'ble may deem just, fit and necessary in the facts and circumstances of the case." [SIC]

2. The petitioners are husband and wife whose

marriage was solemnized on 18.03.2018. The 1st petitioner has

conceived their first child, with her last menstrual date falling

on 19.10.2022. The expected due date of the delivery of the

1st petitioner based on the menstrual cycle is 26.07.2023.

During the 20th week of gestation, the 1stpetitioner undergone

anomaly scan in which the ventricular measurements were

appeared as 9 mm on right and 9.2 mm on the left side, which

was border line index. So repeated scans were prescribed by

the doctors. The repeated scans on 22 nd, 23rd and 28th gestation

weeks also showed substantial increase in the vernacular

measurements is the submission. The scan done on 31 st week

plus one day of the gestation shows the Fetus with Bilateral

Sever Ventriculomegaly with the lateral ventricules measuring

34 mm on left and 36 mm on the right. It is submitted that the

reports stated that the child born could have significant neuro

development delay, delayed milestone and varying degree of

intellectual disability. Hence, this writ petition is filed by the

petitioners for issuing direction to the respondents to permit

and facilitate the termination of the pregnancy of the 1 st

petitioner.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. When this writ petition came up for consideration on

07.06.2023, this Court directed the 2nd respondent to

constitute a medical board to examine the 1st petitioner and the

1st petitioner was directed to appear before the Medical Board.

The 1st petitioner appeared before the Medical Board and the

Medical Board after examining the 1st petitioner submitted a

report before this Court. The opinion of the Medical Board is

extracted hereunder :

"The Medical Board has examined Mrs. Archana Gopal, 32 yrs with 33 weeks 5 days gestation. Now USG showing gross hydrocephalus with thin cortical mantle which shows the possibility of severe neurological deficit and disability of the baby. So continuation of pregnancy may cause substantial risk of physical abnormalities in the fetus as to render it seriously handicapped. So MTP may be recommended."

5. In the light of the same, there is no other way except

to order termination of the pregnancy.

Therefore, this writ petition is disposed of with the

following direction :

1) The 2nd respondent is permitted to facilitate the

termination of the pregnancy of the 1st petitioner

forthwith. Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 18499/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REPORT DATE 08.03.2023 MARSLEEVA MEDICITY ,PALA.

Exhibit P2 TRUE COPY OF THE REPORT DATED 23.03.2023

Exhibit P3 TRUE COPY OF THE SCAN REPORT DATED 03.04.2023

Exhibit P4 THE REPORT OF THE SCAN DATED 03/05/2023

Exhibit P5 THE REPORT OF THE SCAN DATED 25.05.2023

Exhibit P6 TRUE COPY OF THE MRI REPORT DATED 26.05.2023

Exhibit P7 TRUE COPY OF DOCTOR'S REPORT DATED 27.05.2023