P.V.Kunhikrishnan, J
1. The above writ petition is filed with the following prayers:
“(i) issue a writ in the nature of mandamus directing the respondents to allow the petitioner to undergo medical termination of her pregnancy at the earliest;
(ii) issue a writ in the nature of mandamus directing respondents 3 to 6 to take immediate steps to conduct a medical examination of the petitioner and to permit her to undergo medical termination of her pregnancy at the earliest;
(iii) dispense with the filing of translation of vernacular documents;
(v) issue such other writ, order or direction as this Hon'ble Court deems fit and proper in the circumstances of the case. ”[SIC]
2. When this writ petition came up for consideration on 30.06.2023, this Court passed the following order;
"When the matter was taken up for consideration, the learned Government Pleader submitted that the Medical Board will be constituted on 04.07.2023. The petitioner shall appear before the 6th respondent at 10.30 am on 04.07.2023. The Medical Board constituted by the 6th respondent shall examine the petitioner and submit a report before this Court."
3. Today, the Medical Board, after examining the petitioner, submit a report. It will be better to extract the Medical Board opinion:
Medical Board Opinion
Neonatology Opinion
History suggest that xxxxx is now 26 weeks pregnant. Due to social and psychological reasons she wishes to terminate her pregnancy. At 26 weeks, there is a 30-40 percentage chance of the neonate surviving. There will be multiple neonatal morbidities and prolonged NICU stay. If baby is born alive, we will be ethically and medico legally bound to give care to the neonate. There will also be a risk (20%) of longterm neuro developmental sequelae if the baby survives.
Gynecology Opinion
As per the Neonatology opinion, since the pregnancy has reached 26 weeks, there is a 30% chance of the baby being born alive which has been explained to both the patient and her mother xxxxx . Due to social and psychological reasons, patient and mother are insisting on termination of pregnancy.
Psychiatry Opinion
xxxxx was evaluated in the Department of Obstetrics & Gynecology, SAT Hospital, Trivandrum on 04.07.2023. There is no past history of psychiatric illness in the patient. Currently, there is no evidence of any psychiatric disorder. She has a well-adjusted personality and average intelligence. The pros and cons of the procedure were explained to the patient and her mother. Patient wants her pregnancy to be terminated and reports that she understands that proceeding with the pregnancy could cause problems in her future. She is willing to accept the risk associated with the procedure. There is no psychiatric contra indication for the procedure.
The decision for termination may be taken by the Hon'ble Court and will comply with the decision there off.
4. In the light of the above Medical Board opinion, I think the prayer in this writ petition can be allowed. If the baby born alive, the authority will do the needful to see that the necessary care is given to the child. The authorities concerned will try to save the life of the baby as far as possible.
Therefore, this writ petition is disposed of with the following directions:
(i) The 6th respondent is allowed to terminate the pregnancy of the petitioner.
(ii) If the baby born alive, the authority concerned will take necessary steps to give care to the new born child.
(iii) The 6th respondent will try to save the child as far as possible.
