Woman Free To Make Personal Choice To Terminate Pregnancy Within Statutory Limits: Kerala High Court Allows Jailed Keynan Woman's Plea

Justice Devan Ramachandran relied upon the report submitted by a Medical Board to state that there was no difficulty in allowing medical termination of pregnancy when the pregnancy was only 14 weeks old and within the statutory limits prescribed under the Medical Termination of Pregnancy (MTP) Act.

“Even going by the application of laws relating to human life and reproductive choices, a woman cannot be denied permission to terminate her pregnancy when she says that she does not want to continue it and when her pregnancy is within the limit as prescribed by the applicable statute - where she can make her own personal choice.

The Kenyan woman is lodged in jail for allegedly overstaying in India without proper visa and documentation.She said she became pregnant by accident and does not wish to continue the pregnancy.

The Court had constituted a medical board for medical evaluation of the petitioner. Relying upon the report of the Medical Board, Government Pleader Sunil Kumar Kuriakose submitted that the pregnancy was 14 weeks only old. Further, it was submitted that as per the Medical Termination of Pregnancy (MTP) Act, if the petitioner had been an Indian woman she would have been eligible to terminate her pregnancy on the recommendation of a single Registered Medical Practitioner.

It stated that even though only the recommendation of a single Registered Medical Practitioner was required for termination of pregnancy when the foetus was only 14 weeks old, the Court had constituted a medical board for evaluation. Relying upon the report of the Medical Board, the Court stated that there was no difficulty in allowing the termination of pregnancy except for her nationality.

It said: “Indubitably, therefore, there is hardly any reason why this Court should not come to the aid of the petitioner, particularly when she is incarcerated and facing the prospect of having to face trial, which would certainly put a great amount of burden on both her and the foetus.”

Accordingly, the Court allowed the writ petition and permitted the petitioner to undergo medical termination of pregnancy.

Counsel for Petitioner: Advocates Aneesh K.R, Saurav B., Lia George

Citation: 2024 LiveLaw (Ker) 189

Case title: Gware Margret Sebina v Union Of India

Case number: WP(C). NO. 9016 OF 2024

Click Here To Read/Download The Judgment