Economic Backwardness Or Social Stigma No Reason To Transgress Statutory Prohibition & Grant Permission For Termination Of Pregnancy: Kerala HC

The Kerala High Court on Monday observed that economic backwardness or the possibility of social stigma cannot be a ground for transgressing the statutory prohibition prescribed by the Medical Termination of Pregnancy Act and granting permission for medical termination of pregnancy. 

Justice V G Arun observed,

In the absence of any medical reasons referable to the petitioner or the foetus, economic backwardness or possibility of social stigma cannot compel this Court to transgress the statutory prohibition and grant permission for medical termination of pregnancy.

The Court made the observation in a petition moved by an unmarried woman whose pregnancy had crossed the gestation period of 28 weeks, seeking permission for medical termination of her pregnancy. 

The Petitioner submitted that the pregnancy is from a consensual sexual relationship; however, the petitioner's partner refused to marry her unless his demand for dowery was met.  The petitioner further alleged that her partner used to assault her in an inebriated state, which subsequently led to the breakdown of the relationship. The petitioner averred that her family is economically backward and the birth of a child prior to the petitioner's marriage will adversely affect her future and also the dignity of the family. Thereby, the petition approached the Court seeking permission for the medical termination of the pregnancy. 

The Medical Board constituted, on the direction of the Court for examining the petitioner, submitted that the petitioner was taking good care of her pregnancy and that there were no foetal or maternal complications. The Medical Board also opined against the medical termination of pregnancy, considering the risk involved for the baby. 

The Court pointed out that subsequent to the amendment to the  Medical Termination of Pregnancy Act, medical termination is not permissible when the pregnancy exceeds 24 weeks. However, as per Section 3(2B), it was clarified that the provision relating to the length of pregnancy will not apply when the termination is necessitated by the diagnosis of any of the substantial foetal abnormalities by a Medical Board.

In this present case, the Medical Board has categorically opined that the pregnancy is of 28 weeks duration with no foetal or maternal complications. Therefore, the Court observed that in the absence of any medical reasons referable to the petitioner or the foetus, economic backwardness or the possibility of social stigma cannot compel this Court to transgress the statutory prohibition and grant permission for medical termination of pregnancy.

Thereby, the Writ Petition was dismissed. 

Case Title: Ramsiyamol R S v. State of Kerala & Ors.

Citation: 2022 LiveLaw(Ker) 575

Click Here To Read/Download The Order