NEETHU NARENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) An anguished couple is knocking at the doors of this Court seeking permission to terminate the pregnancy of the 1 st petitioner, which has gone beyond the gestational limit of 20 weeks prescribed under the Medical Termination of Pregnancy Act 1971.

(2.) According to the petitioners, though they were overjoyed on realising that the 1 st petitioner has conceived for the second time, with the last menstrual date as 18-11-2019, they had the shock of their lives when the scan conducted on 20-4-2020, suggested several anomalies for the growing foetus. The report indicated that due to lack of amniotic fluid - a condition medically known as Oligohydramnios, foetal organs could not be visualised. The scan report suspected a condition called bilateral Renal Angenesis, which in common parlance means absence of both kidneys and she was referred to the SAT Hospital Thiruvananthapuram. With the referral report issued by the Holy Cross Hospital, Adoor and the records, petitioners rushed to Sree Avittam Thirunal Hospital and Medical College at Thiruvanathapuram. After detailed assessment, the doctors at SAT hospital confirmed the findings recorded by the referring hospital. It was however informed that since the gestational age of the foetus, as per the last menstrual day, had reached 23 weeks, termination of pregnancy could not be carried out, legally. 1 st petitioner was advised to continue her pregnancy. It was also informed that since there was possibility of miscarriage or still birth, appropriate precautions must be taken to avoid mishaps to the mother. Unable to comprehend the agonising news, 1 st petitioner subjected herself to yet another scan on 22-04-2020 at another hospital. The report of the said scan was also no different from the earlier one.

(3.) Instead of lamenting or brooding over the predicament that had befallen the petitioners, they acted adroitly and moved this Court in its vacation sitting through video conferencing on 28-4-2020. On being apprised of the factual situation, this Court directed the constitution of a Medical Board on the next day itself, so as to assess the condition of the petitioner and to report to this Court by today. The learned Government Pleader Adv. Sri. K. P Harish was directed to inform the Superintendent of the Medical College Hospital, Thiruvananthapuram, since the action, if any, required to be taken was wholly time bound.