Journalism of Courage
Kerala couple allowed pregnancy termination as scan detects ‘severe’ disability risks in child
The Kerala High Court directed the hospital to carry out Medical Termination of Pregnancy based on the opinion of a medical board constituted by the court.
The Kerala High Court recently allowed a couple to undergo termination of pregnancy after a regular scan revealed foetal abnormalities and posed developmental risks, including intellectual disability, when the child grew up. (AI-generated image)
The Kerala High Court recently allowed a couple to undergo termination of pregnancy after a regular scan revealed foetal abnormalities and posed developmental risks, including intellectual disability, when the child grows up.
Acting on the couple’s plea for a hospital of their choice to undergo the medical termination, Justice Harisankar V Menon said, “I am of the opinion that the petitioners are justified in seeking Medical Termination of Pregnancy (MTP)…Hospital is directed to carry out Medical Termination of Pregnancy as suggested by the Medical Board in their report referred to above,” the court held on July 2.
The ruling referred to the June 24 direction for the constitution of a medical board on the matter. The report filed by the board gave the following findings.
Contentions
The couple, represented by advocate Akash S, contended that a regular scan of the wife detected “severe ventriculomegaly” in the foetus. If the foetus is allowed to be born, they said, the child may suffer from intellectual impairment, developmental delays, and other related complications. Further, the pregnancy was stated to be an “advanced stage of 29 weeks”.
Ventriculomegaly is a condition characterised by the enlargement of the fluid-filled spaces (cerebral ventricles) in the brain.
Aside from seeking MTP “using all permissible scientific methods, the plea sought directions to the Director of Health Services, The District Reproductive and Child Health Officer and a Private Hospital, among others, to take immediate steps to examine the woman and to permit her to undergo the procedure “at the earliest”.
The medical opinion of the Board was placed on record by Government Pleader Pooja Surendran.
Findings of Medical Board
No Grave Risk to Mother, Substantial Risk to Child
Risk to Mother None / Not Grave Continuing the pregnancy poses no grave injury to physical or mental health.
Risk to Child Substantial Risk of global developmental delay and/or intellectual disability.
01
Maternal Health
Continuation of the pregnancy does not involve any grave injury to the physical or mental health of the mother.
02
Fetal Abnormality
There is substantial risk that if the child is born, it may suffer from physical abnormalities such as global developmental delay, and/or mental abnormalities such as intellectual disability.
03
Induction Risks
Preterm induction carries risk of prolonged labour and haemorrhage, with the possibility of caesarean section if induction fails — along with the consequences of a C-section.
04
Induction Methods
Drugs to initiate uterine contractions (oral and vaginal); mechanical methods such as Foley catheter induction; and extra-amniotic saline infusion.
05
Procedural Note
Intrauterine feticide may be considered before termination of pregnancy.
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The court noted the medical opinion and said it “points out various abnormalities, including developmental delay, mental abnormalities like intellectual disability, etc.”
“the Board has also recommended that intrauterine feticide be administered prior to the termination of pregnancy,” the order recorded.
Justice Harisankar V Menon referred to the opinion of a medical board constituted on the matter. (Image enhanced using AI)
While allowing the couple’s plea, the court directed the private hospital, where the procedure is to be carried out, to take note of the Board’s fifth opinion, which stated that “Intrauterine foeticide may be considered before termination of pregnancy”, while carrying out the MTP.
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