Foetus is not suffering from lethal anomaly – Termination of Pregnancy Refused – Kerala High Court

 In a significant ruling , the High Court of Kerala, presided over by the Honorable Mr. Justice Devan Ramachandran, reaffirmed the crucial balance between medical ethics and legal mandates in cases of pregnancy termination. The court dismissed a writ petition seeking the termination of a 30-week pregnancy due to suspected foetal abnormalities.

“This Court is left without any other option, but to close this writ petition without any further orders,” Justice Ramachandran declared, emphasizing the court’s adherence to the medical opinion that the foetus, suspected of having “Bilateral Enlarged Echogenic Kidneys with micro cysts,” does not suffer from a lethal anomaly.

The petitioners, Aswathy Surendran and Ajith Gopi, represented by advocates Cibi Thomas, C.J. Solomon, and E.G. Ambily, approached the court with apprehensions based on medical reports from Sabine Hospital and Research Centre and Amrita Institute of Medical Sciences and Research Centre. They feared grave abnormalities for their unborn child, urging for a termination under the Medical Termination of Pregnancy Act, 1971.

The court initially directed for a medical evaluation by the District Medical Board, Government Medical College, Kochi, followed by an expert assessment at SAT Hospital, Thiruvananthapuram. The conclusive medical opinion underscored that the anomaly was not life-threatening and recommended the continuation of the pregnancy.

In his judgment, Justice Ramachandran noted, “It is evident and obvious from the afore two reports that it is the specific opinion of the experts and doctors that the foetus is not suffering from lethal anomaly.” He further highlighted the advanced gestational stage of the foetus, which is already fully formed and preparing for life outside the womb.

Date of Decision: 18th December 2023

XXX VS The State of Kerala