KOCHI: The Kerala High Court ruled on Friday that a woman's freedom to exercise her reproductive right (to have children or not) must not be restricted.

The court followed a previous highest court ruling that stated a woman has the freedom to choose her reproductive options under Article 21 of the Indian Constitution because it is a part of her personal liberty.

"There cannot be any limitations on a woman's ability to exercise her reproductive choice to either have children or not. The freedom of a woman to choose her reproductive options is an aspect of her personal liberty under Article 21 of the Indian Constitution "the order read.

It made a decision about a petition filed by a 23-year-old MBA student who wanted to end her pregnancy that resulted from consensual intercourse with a classmate.

The petitioner said that when she found she was pregnant, she was upset and, in addition, the classmate with whom she was romantically involved had left the country for further study, thus she made the decision to end the pregnancy.
However, because it had been beyond 24 weeks, none of the hospitals she consulted were willing to perform the termination, so she went to court.

The court granted her permission to terminate the pregnancy at a government hospital and instructed the hospital in question to form a medical team for carrying out the procedure after taking into account the medical board's assessment that the petitioner's life may be in danger if the pregnancy were to continue.

The court further stipulated in its judgement that the hospital must make sure the infant receives the greatest medical care if it is born alive.

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