Court Upholds Reproductive Rights, Allows Termination Beyond 24 Weeks Under MTP Act
In a landmark decision, the Kerala High Court has permitted the termination of a 31-week pregnancy, emphasizing the reproductive autonomy and rights of the petitioner. The court's decision, delivered on January 30, 2026, by Justice Shoba Annamma Eapen, underscores the importance of reproductive rights, dignity, and privacy, even when the pregnancy exceeds the statutory gestational limits under the Medical Termination of Pregnancy (MTP) Act, 1971.
The case involved Anasuya Somu and her husband, who approached the court seeking permission for a medical termination of pregnancy after scans revealed that the foetus had severe congenital abnormalities, including microcephaly. The abnormalities indicated a high likelihood of serious and lifelong disabilities, both physical and neurological.
The court had earlier directed the constitution of a Medical Board to assess the situation. The Board, comprising experts from various medical fields, confirmed the substantial abnormalities in the foetus and the associated risks to the mental health of the petitioner if the pregnancy were to continue.
In its judgment, the court highlighted the provisions of Section 3(2-B) of the MTP Act, which allows for the termination of pregnancy beyond 24 weeks in cases of significant foetal abnormalities, as diagnosed by a Medical Board. The court also referred to Article 21 of the Indian Constitution, which guarantees the right to reproductive autonomy, dignity, and privacy.
Justice Eapen noted that denying the termination would infringe on these fundamental rights and extend the suffering of the family. The court directed the medical authorities to proceed with the termination while ensuring all necessary medical protocols to protect the petitioner's life and health.
This judgment aligns with previous Supreme Court decisions that emphasize the primacy of a pregnant person's rights and the need for Medical Boards to prioritize these rights in cases of pregnancy termination beyond statutory limits. The court reiterated that procedural delays should not frustrate fundamental rights.
The judgment has been hailed as a progressive step, reinforcing the legal framework that supports reproductive rights and the autonomy of women in making critical health decisions.
Bottom Line:
Medical Termination of Pregnancy - Foetus with substantial abnormalities confirmed by the Medical Board - Termination allowed beyond 24 weeks of gestation under Section 3(2-B) of the Medical Termination of Pregnancy Act, 1971 - Emphasis on the pregnant person's reproductive autonomy, dignity, and privacy.
Statutory provision(s): Medical Termination of Pregnancy Act, 1971 Sections 3(2-B), 5; Constitution Of India Article 21
Anasuya Somu v. Union of India, (Kerala) : Law Finder Doc Id # 2846172
