The Kerala High Court has come to the aid of a couple seeking medical termination of their over 31 weeks old foetus, which suffers from congenital abnormalities of the brain and head, by allowing them to go ahead with the procedure.
Justice Shoba Annamma Eapen allowed termination of the pregnancy on the basis of a medical board report which opined that if the baby is born, it would suffer from serious physical abnormalities.
The board had also opined that continuation of the pregnancy was likely to be associated with risk to her mental health.
The court, after considering the facts, materials on record, the settled principles of law on the subject and the recommendations of the medical board, was of the view that denying termination "may only delay the inevitable and extend the suffering of the family".
It directed the Kottayam Medical College to terminate the pregnancy.
The court directed the medical college to take immediate measures to constitute a medical team to conduct the procedure.
"The medical team shall, in their discretion and best judgment, adopt the best procedure recommended in the medical science to terminate the pregnancy and save the life of the first petitioner (woman)," it said.
It directed that before carrying out the medical termination of pregnancy, the team shall reconfirm the foetal abnormalities by performing a final scan.
The court further said that if the foetus is born alive, "the hospital shall render all the necessary assistance, including incubation and treatment at any super-speciality, to ensure that the foetus survives".
"The baby shall be offered the best medical treatment and the petitioners (husband and wife) shall take full responsibility and bear the expenses for the baby," it added.
The petitioners had contended that the foetus suffers from congenital abnormalities of the brain and head, including features suggestive of microcephaly, carrying a high likelihood of serious and lifelong physical and neurological disability.
