Indian High Courts rule on advanced pregnancy terminations

The Madras High Court and the Kerala High Court have issued significant rulings regarding the termination of advanced-stage pregnancies under specific medical and personal circumstances.

In Madras, Justice PT Asha permitted the termination of a 28-week pregnancy after scan reports revealed substantial fetal abnormalities. The court ruled that a mother has the right to decide whether to bring a child into the world if that child is unlikely to lead a dignified, self-sustained, or normal life. The judge noted that the court must consider the potential suffering of the child and the parents, as well as the unborn child's right to a life of dignity.

In Kerala, the High Court authorized the termination of a 27-week pregnancy for a 16-year-old survivor of sexual assault. The decision was based on the psychological trauma and mental distress the pregnancy would cause the minor. Following a recommendation from a court-constituted medical board and considerations under the Medical Termination of Pregnancy (MTP) Act, the court directed the state government to facilitate the procedure with necessary medical safeguards and neonatal care in the event the baby is born alive.