Court’s Decision: The Kerala High Court declined the petitioner’s request for the medical termination of a 26-week pregnancy, citing legal restrictions under the Medical Termination of Pregnancy Act, 1971 (MTP Act). The Court emphasized that allowing such a procedure would contravene the statutory framework, which only permits termination beyond 24 weeks in cases of substantial fetal anomaly. The Court concluded by stating, “No court can issue mandamus directing the authorities to act in contravention of the rules as it would amount to compelling the authorities to violate law. Such directions may result in destruction of rule of law.” However, the Court directed that if the petitioner desired to give up the child for adoption post-delivery, the State Government would facilitate the process.
Facts: The case involves a 17-year-old petitioner who, along with her family, was unaware of her pregnancy until a recent medical examination confirmed she was over 26 weeks pregnant. Her pregnancy, the result of sexual intercourse with a peer, led to the filing of a criminal case under the Protection of Children from Sexual Offences (POCSO) Act. The petitioner expressed a strong desire to terminate the pregnancy, citing emotional distress and its potential impact on her future.
Issues:
- Whether the Court can permit the termination of pregnancy after the 24-week threshold as prescribed under the MTP Act.
- Whether the petitioner’s right to reproductive choice and personal liberty warrants an exception to the legal restriction imposed by the MTP Act.
Petitioner’s Arguments: The petitioner argued that a woman’s reproductive choice, including the liberty to terminate a pregnancy, is an essential part of personal liberty. The counsel contended that the Court should exercise its powers under Article 226 of the Constitution to grant permission for the procedure, despite the restrictions under the MTP Act, citing a previous case where termination was allowed after 24 weeks due to psychological trauma.
Respondent’s Arguments: The respondents, represented by the State, argued that the MTP Act strictly limits termination beyond 24 weeks to cases involving substantial fetal anomalies. The Medical Board’s report, however, did not indicate any such anomaly, thus the procedure could not be legally authorized.
Analysis of the Law: The Court analyzed the MTP Act’s provisions, emphasizing that termination is permissible beyond 24 weeks only if there is a substantial fetal anomaly that endangers the mother’s health. According to Section 3(2-B), the 24-week limit is inapplicable only in cases of substantial fetal anomalies, none of which were present in this case.
Precedent Analysis: The Court referenced its own prior ruling where termination was allowed post-24 weeks due to anticipated psychological trauma. However, the Court clarified that this previous decision was based on distinct circumstances, where medical evidence suggested severe psychological impact on the victim.
Court’s Reasoning: The Court emphasized the statutory limitations, underscoring that judicial discretion cannot override explicit legislative constraints. It noted the Medical Board’s report, which showed no substantial anomaly in the fetus and stated that while the petitioner expressed distress, it did not constitute a grave injury to mental health under the MTP Act’s requirements. The Court reaffirmed the Supreme Court’s stance that no mandate can compel a statutory violation, asserting the preservation of rule of law.
Conclusion: The High Court denied the petitioner’s request for termination, citing the absence of legally required grounds such as fetal anomalies. The Court added that following delivery, should the petitioner opt for adoption, the State must facilitate the process to safeguard the child’s welfare.
Implications: This ruling underscores the limits of judicial intervention in cases governed by specific statutory requirements. It reaffirms that while individual distress is significant, the legislative framework must be upheld, with medical grounds as a primary consideration for termination decisions post-24 weeks.
