Court Emphasizes Reproductive Autonomy and Overrules Medical Board's Refusal Based on Non-Lethal Diagnosis
In a significant judgment delivered on October 15, 2026, the Madras High Court, presided by Justice P.T. Asha, allowed the termination of pregnancy beyond the statutory period of 24 weeks under the Medical Termination of Pregnancy (MTP) Act, 1971, citing substantial fetal abnormalities. The petitioner, Mrs. B T Pavithra Kumari, had sought termination after fetal scans and a fetal MRI revealed serious neurological abnormalities, including agenesis of the corpus callosum and bilateral ventriculomegaly, conditions associated with severe developmental challenges.
Mrs. Pavithra Kumari, who was in her second pregnancy and already a mother to a healthy child, was denied permission by the Medical Board constituted under the MTP Act. The Board had refused termination on the ground that the abnormalities were "non-lethal" and that genetic testing was necessary to determine prognosis. The petitioner challenged this refusal before the High Court.
The Court undertook a detailed examination of the medical evidence, including trimester scans, neurosonography, and fetal MRI reports, all of which confirmed significant fetal brain abnormalities. It was observed that while the abnormalities might not be immediately fatal, the fetus faced a high risk of severe developmental difficulties such as speech and language delay, cognitive dysfunction, behavioral problems, epilepsy, and intellectual disability. The Court emphasized that the term "substantial fetal abnormalities" under the MTP Act is not restricted to lethal conditions alone but includes serious physical or mental abnormalities that would significantly impair quality of life.
Citing landmark judgments, including the Supreme Court's ruling in Suchita Srivastava v. Chandigarh Administration (2009) and the recent A v. State of Maharashtra (2024), the Court reinforced that the right to reproductive autonomy, bodily autonomy, dignity, and privacy of the pregnant woman is paramount. The decision whether to continue or terminate a pregnancy is rooted in these fundamental rights protected under Article 21 of the Constitution of India.
Rejecting the Medical Board's reasoning, the Court held that a pregnant woman cannot be compelled to carry a pregnancy to term when the child is likely to suffer from serious abnormalities affecting its ability to lead a dignified life. The Court noted the emotional and psychological burden on the parents and the potential indignity the child may face, affirming that such considerations fall within the ambit of the woman's reproductive choice.
Accordingly, the Court quashed the Medical Board's refusal and directed the respondents to permit the termination of pregnancy forthwith by a registered medical practitioner, in accordance with the medical records and the provisions of the MTP Act and Rules.
This judgment marks an important recognition of expanded reproductive rights for women and a progressive interpretation of the MTP Act to include non-lethal but substantial fetal abnormalities as valid grounds for termination beyond the 24-week limit.
Bottom Line:
Medical Termination of Pregnancy Act, 1971 - Termination of pregnancy beyond 24 weeks - Where scan reports and fetal MRI clearly disclosed substantial fetal abnormalities including agenesis of corpus callosum and bilateral ventriculomegaly, and pregnant woman sought termination - Reproductive autonomy, bodily autonomy, dignity and privacy of pregnant woman must be given primacy - Refusal by Medical Board on ground that abnormality was non-lethal held unsustainable - Court permitted termination forthwith by registered medical practitioner.
Statutory provision(s):
Medical Termination of Pregnancy Act, 1971 Section 3(2B), Section 5; Medical Termination of Pregnancy Rules, 2003 Rules 3A, 3B; Constitution of India, 1950 Article 21
