Justices AK JayasankaranNambiar and Shaji P Chaly after going through the all relevant legal provisions, the findings of a medical board and the opinion of a medical expert via video conference allowed the plea of Y’s right to make reproductive choices is also a facet of her personal liberty as understood under Article 21 of our Indian Constitution. The said choice would extend to deciding whether or not to carry her pregnancy to its full term.
In March of this year, the Lok Sabha passed a bill to extend the upper limit for permitting abortion from the present 20 weeks to 24 weeks for special categories of women which includes rape survivors, victim of incest, differently abled and minors.
The Centre further said that the proposed law aims to discourage informal termination of pregnancies and reducing the maternal mortality rate.
The Kerala High Court judges further added in their order that although the said right is subject to “the restrictions imposed under the MTP (Medical Termination of Pregnancy) Act, we can find that the report of a Medical Board justifies Y’s decision and also has her her parents consent to do the same.”
After rejecting the plea by the session court due to the fact that the survivor’s pregnancy had exceeded the permissible 20 weeks period as per the MTP act, the survivor’s father moved to the high court.