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This is an archive article published on November 8, 2022

Financial backwardness, social stigma cannot be reasons for medical termination of pregnancy: Kerala High Court

Rejecting the writ petition of the 21-year-old woman, a native of Kollam, the bench of Justice VG Arun Monday said the medical evidence is definitely against the grant of permission for termination of pregnancy.

The petitioner woman told the court that her family is economically backward and the birth of a child prior to her marriage will adversely affect her future as well as the dignity of the family. (file)The petitioner woman told the court that her family is economically backward and the birth of a child prior to her marriage will adversely affect her future as well as the dignity of the family. (file)

The Kerala High Court has rejected the petition of an unmarried woman seeking permission for medical termination of pregnancy, saying that economic backwardness or the possibility of social stigma cannot compel the Court to transgress statutory prohibition under the Medical Termination of Pregnancy Act.

Rejecting the writ petition of the 21-year-old woman, a native of Kollam, the bench of Justice VG Arun Monday said the medical evidence is definitely against the grant of permission for termination of pregnancy.

“The Medical Board has categorically opined that the pregnancy is of 28 weeks duration with no foetal or maternal complications. 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,’’ said the judge.

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The petitioner woman told the court that her family is economically backward and the birth of a child prior to her marriage will adversely affect her future as well as the dignity of the family.

According to the petitioner, she was in a live-in relationship with a person for the past one year. Her pregnancy is from a consensual sexual relationship. She had sex with the person believing his promise to convert to her religion and marry her. Contrary to the promise, the person allegedly refused to marry the petitioner, unless his demand for dowry was met. The petitioner also alleged that her partner used to assault her in an inebriated state and she was finally driven out of his house in September this year.

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