Women’s Freedom To Decide On Pregnancy Can’t Be Taken Away Says Kerala HC

A lot of changes take place when a woman becomes pregnant. These changes are not just emotional but also mental and physical changes. And the majority of those changes affect the life of the woman that is going to be pregnant. If all of these changes are going to be affecting her life, her health, her body, etc. then why should she not be given the freedom to decide about her pregnancy? Supporting the same argument the Kerala High Court affirmed the fact that women’s freedom to decide on pregnancy can’t and shouldn’t be taken away from them.

Recently, in the case of a mildly challenged woman who wanted to abort her more than 22 weeks old fetus, the Kerala High Court passed the judgment that the freedom of the woman to decide whether she wants to continue her pregnancy or not cannot be taken away from her. Every woman has the freedom to decide what they want to do with their pregnancy. 

Kerala High Court stated that the freedom and right of a mother to abort her pregnancy if there was any sort of risk that the child would suffer from any kind of abnormalities that could handicap him or her. In this case, the medical team of doctors that examined her revealed that her fetus was suffering from Klinefelter syndrome. Klinefelter syndrome is a chromosomal anomaly that is associated with the variable mental subnormality, endocrine problems, and psychological issues that will show up later in life.

After reading the report submitted by the woman, the Kerala High Court observed that even though Klinefelter syndrome is not life-threatening, it would become difficult for the mildly challenged woman to cope up with and take care of the child. And so, the Kerala High Court stated, “The freedom of a pregnant woman in making a choice as to whether the pregnancy should be continued cannot be taken away. Likewise, the right of the mother to terminate the pregnancy medically even after the permissible period in terms of the provisions of the Medical Termination of Pregnancy Act has been recognized by the courts, if there is a substantial risk that if the child were born, it would suffer from abnormalities as to be seriously handicapped… As the result, the writ petition is allowed and the first petitioner (mother) is permitted to undergo the procedure for termination of the pregnancy. The respondents concerned would be free to undertake the said procedure at the risk of the first petitioner.”

Both the woman and her husband filed the plea based on the fact that the child would have to go through a lot of physical and mental abnormalities. And as far as what I’ve understood of the case, I can honestly say that was a wise choice to make. And Kerala High Court’s decision that it is the freedom of a woman to decide whether she wants to go ahead with the pregnancy cannot and should not be taken away from her. And I couldn’t have agreed more.