Cannot restrict woman's reproductive choice to procreate or abstain from procreating: Kerala High Court

The Kerala High Court on Wednesday observed that there can be no restriction on a woman’s right to exercise her reproductive choice, to either procreate or abstain from procreating [XXXX v Union Of India]. .Justice VG Arun reiterated the position in the judgment of the Supreme Court in Suchita Srivastava v. Chandigarh Admn in which it was held that as per Article 21 of the Constitution of India, a woman has right to make reproductive choice as it is a dimension of her personal liberty..“There can be no restriction on a woman’s right to exercise her reproductive choice to either procreate or to abstain from procreating. A woman's right to make reproductive choice being a dimension of her personal liberty, as understood under Article 21 of the Constitution of India, has been declared in Suchita Srivastava v Chandigarh Admn [2009(9) SCC 1],” the order said..The Court also referred to the more recent judgment of the Supreme Court in X v. The Principal Secretary Health and Family Welfare Department, Delhi NCT Government & Anr., in which it was held that excluding unmarried women from terminating pregnancy beyond 20 weeks is violative of Article 14..The Court was dealing with a plea moved by a 23-year-old MBA student seeking termination of her pregnancy from consensual sex with her classmate.The case of the petitioner was that she became pregnant due to contraceptive failure and she became aware of her pregnancy only when she received her ultra sound scan. She said she had done the scan based on the advice of the doctor whom she had visited complaining about irregular menstrual periods and other physical discomforts.However, she claimed to have had no clue that she was pregnant at the time as she suffers from Polycystic Ovarian Disease (PCOD), a condition that is characterized by irregular menstruation..The petitioner claimed that she became mentally and physically disturbed on realizing that she was pregnant and adding to her woes, the classmate, with whom she was in relationship, left the country for higher studies.Thus, the petitioner decided to terminate her pregnancy as she was convinced that continuation of her pregnancy would aggravate her stress and mental agony. She submitted that she felt that having a child would also impact her education and ability of earning a livelihood.However, none of the hospitals were prepared to terminate the pregnancy as it had crossed 24 weeks. This prompted her to approach the Court with the present plea. Taking into consideration the opinion of the medical board that the continuation of the pregnancy may cause risk to the petitioner's life, the Court permitted her to terminate the pregnancy at a government hospital and directed the hospital concerned to constitute a medical team for conducting the procedure.The Court also stated in its order that if the baby is born alive, the hospital shall ensure that the baby is offered the best medical treatment available.The petitioner was represented by advocates Akash S, Girish Kumar, V S Varalekshmi and Neethu S..[Read Order]