To procreate or abstain is a woman’s choice: Kerala HC in abortion plea verdict

The Kerala High Court on Friday allowed a woman to terminate her 24-week pregnancy, saying there could be no restriction on a woman’s right to exercise her reproductive choice—that is, to either procreate or abstain from it.

The Kerala HC’s observation is in line with an earlier Supreme Court ruling on abortion. The apex court order had said a woman’s right to reproductive choice was part of her personal liberty, according to Article 21 of the Constitution of India.

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The Kerala HC order came in response to a petition filed by a 23-year-old MBA student seeking medical termination of her pregnancy.

None of the hospitals she approached were ready to go through with the abortion, as the pregnancy had crossed 24 weeks. The girl then approached the court.

The court permitted her to terminate her pregnancy after considering the opinion of a medical board, which stated that the continuation of it may risk the woman’s life.

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The court added that if the baby was born alive, the hospital would ensure that s/he is offered the best available medical treatment.

(With agency inputs)