Economic backwardness, social stigma not grounds to permit termination of pregnancy beyond 24 weeks: Kerala High Court

The Kerala High Court on Monday held that economic backwardness or social stigma cannot be valid grounds for the Court to permit termination of pregnancy that is more than 24 weeks old..Single-judge Justice VG Arun noted that after the 2021 amendment to the Medical Termination of Pregnancy (MTP) Act, medical termination is not permitted after 24 weeks, unless it is necessitated by any substantial foetal abnormalities as diagnosed by a Medical Board. In the absence of any medical complications, economic or social struggles cannot be a reason for the Court to permit termination after the maximum time period prescribed by the statute, the Court held."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," the Court said in its order..The Court passed the order on a plea moved by a 21-year-old woman seeking to terminate her pregnancy which had crossed 28 weeks.The petitioner admitted that the pregnancy was the result of a consensual sexual relationship with her former live-in-partner.According to the petitioner, she had sex with said partner believing his promise to convert to Islam and marry her. However, her partner allegedly refused to marry her unless his demands for dowry were met. The petitioner also alleged that her partner used to assault her in an inebriated state causing her to finally move out of his house. It was submitted that the petitioner's family being economically backward, birth of a child before marriage would adversely effect her future and the dignity of the family as a whole. The medical board that was constituted as per the Court's order stated that the petitioner was in sound health, both mentally and physically. There were no signs of foetal or maternal complications. Therefore, the board did not recommend terminating the pregnancy..The Court acknowledged the fact that the Supreme Court, in several cases, has declared a woman's right to make reproductive choice to be a dimension of her personal liberty.However, on going through the provisions of the MTP Act and the facts of the case, the Court held that such liberty cannot transgress the restrictions/prohibition under the Medical Termination of Pregnancy Act in cases where neither the pregnant lady or the foetus have any medical issues and the pregnancy was being taken good care of by the prospective mother, until she approached the Court.Accordingly, it dismissed the plea.[Read Order]