Kerala HC allows surgical removal of 26-week-old foetus considering mental health of woman

Kochi: The Kerala High Court has granted the surgical removal of a woman’s 26-week-old fetus. The woman, a 23-year-old MBA student, told the court that she did not suspect a pregnancy due to irregular menstrual cycles. The woman decided to abort considering that the pregnancy would affect her studies and her mental health.

The hospitals, however, were unwilling to abort her pregnancy as it is not legal to do so after 24 weeks. After this, she approached the high court. A medical board, formed on the recommendation of the high court, submitted a report saying that although the pregnancy would not cause any physical problems, it could affect the woman mentally.

The report also said that surgically removing the fetus at this stage would be risky for mother and child. The court granted the extraction of the fetus after the woman reported that she did not want to continue with the pregnancy.

The court took into account article 21 of the Constitution when allowing the extraction of the fetus. The procedure would be performed under the responsibility of the woman. The court also ordered that the fetus be treated if it is born alive.