LI Network
Published on: November 14, 2023 at 13:30 IST
In a significant ruling, the Kerala High Court has emphasized the critical connection between a mother’s mental health and the well-being of the unborn child, even if the child is expected to be born alive. The decision was made in response to a plea for the medical termination of a 32-week pregnancy.
Justice Devan Ramchandran, presiding over a Single Judge Bench, acknowledged the importance of considering the mental health of the mother in such cases.
The court authorized the Chairperson of the Medical Board to oversee the termination process and make decisions, including the possibility of a C-Section if deemed the most rational course of action under the circumstances.
The court also directed that if the baby is born alive, comprehensive care and protection must be provided. The subsequent steps would be determined based on the prognosis, leaving it to the Medical Board to decide the appropriate course of action.
The petitioners, expecting their second child, approached the High Court seeking relief under the Medical Termination of Pregnancy Act, 1971, citing severe abnormalities diagnosed in the unborn baby.
After evaluating the submissions and opinions of the Superintendent of the Government Medical College, Ernakulam, and the Chairperson of the Medical Board, the court found that the baby’s condition had an unfavorable prognosis. Additionally, the mother had a history of depressive disorder, raising concerns about the potential serious impact on her mental health if the pregnancy were to continue.
While the pregnancy posed no immediate risk to the life of the first petitioner, the court noted the medical opinion indicating severe neurological and respiratory abnormalities in the baby. Despite the possibility of the baby being born alive, the court recognized the potential constraints on the child’s life.
Considering the Medical Board’s recommendation for a C-Section, the court acknowledged the uncertainty surrounding the child’s continued life. The High Court directed the first petitioner to promptly admit themselves to the Government Medical College Hospital, Ernakulam, for the necessary processes.
The case, titled “XXX v. Union of India and Ors.,” underscores the delicate balance between the mental health of the mother and the well-being of the unborn child in decisions related to late-term pregnancy terminations.
Also Read: Medical Termination of Pregnancy (Amendment) Act, 2021– An Analysis