“Apart from the fact that the petitioner is not an Indian, nothing stands in the way of the seeking termination of her pregnancy”: Kerala High Court
March 20, 2024 2024-04-18 7:34“Apart from the fact that the petitioner is not an Indian, nothing stands in the way of the seeking termination of her pregnancy”: Kerala High Court
“Apart from the fact that the petitioner is not an Indian, nothing stands in the way of the seeking termination of her pregnancy”: Kerala High Court
By Praneetha Shivaprasad
A single-judge bench of the Kerala High Court allowed the termination of pregnancy of a Kenyan Prisoner. The petitioner was incarcerated since she overstayed her visit to India without a proper visa. She was 14 weeks pregnant at the time of examination by the medical board constituted by the court. The court noted that under the Medical Termination of Pregnancy Act, the petitioner requires the opinion of a single medical practitioner to terminate a 14-week pregnancy. The court emphasised that apart from the fact that the petitioner was not Indian, there was nothing disallowing her to seek an abortion. The court allowed the petition and consequent termination of pregnancy by stating that the personal choices of a woman are paramount when interpreting the statutes relating to reproductive health.
