On Saturday, the Delhi High Court granted a married woman’s petition to medically abort her 32-week pregnancy with an unhealthy foetus. The High Court granted permission after examining the AIIMS medical board’s recommendation and the petitioner woman’s physical and mental well-being.
Justice Sanjeev Narula granted the petition, stating that “the continuation of the pregnancy poses a significant risk to the Petitioner’s physical and mental health and is likely to result in the birth of a child with severe health issues.” Consequently, the Court considers it suitable to approve the termination of the pregnancy in the best interest of both the Petitioner and the unborn foetus,” Justice Mahajan stated in the ruling issued on July 13.
The AIIMS Medical Board doctors indicated that they counselled the petitioner and her husband and discussed the procedure and risks associated with such late-term termination, to which the petitioner agreed, according to the High Court ruling.
The Court also spoke with the Petitioner, who affirmed that this is her own personal decision, and that after receiving medical advice from AIIMS, she is inclined to terminate her pregnancy, it added.
Section 3(2B) of the MTP Act allows a pregnant woman to seek termination of her pregnancy after the 24-week gestational age limit if the pregnancy is confirmed to have significant foetal abnormalities.
The Ministry of Health and Family Welfare, Government of India, announced guidelines on August 14, 2017, for late-term pregnancy termination, as referred to by a court of law.
The High Court stated that in the current case, the rules classify ‘Corpus callosum agenesis with additional severe abnormalities’ and ‘Hydrocephalus exceeding 20mm with dilatation of all ventricles’ as major central nervous system abnormalities.
Thus, given the aforementioned requirements and the clear and unequivocal medical report, which implies significant foetal anomalies, the Court is inclined to grant Petitioner’s request,” the bench stated in the judgement.
Furthermore, given the scheme of the MTP Act, particularly Section 3(3), in reaching an ultimate decision in such cases, the Court must recognise and give due weight to the mother’s choice and her foreseeable environment, as well as the possibility of a dignified life for the unborn child, the bench added.
A married 31-year-old lady petitioned the Delhi High Court for permission to medically terminate her pregnancy at 32 weeks due to an abnormal foetus.
The High Court had requested a report from the All India Institute of Medical Sciences (AIIMS).
Amit Mishra, petitioner’s counsel, claimed that the foetus has abnormalities. It was discovered on July 4 after the petitioner underwent an ultrasound examination. He further said that the petitioner obtained opinions from four other labs, and the results were the same.
Given the advanced stage of the pregnancy, the bench instructed AIIMS to submit a medical report by July 13.
Petitioner addressed the court after she was recommended by doctors to acquire permission from the court for medical termination of pregnancy, as it was beyond the allowable time under the Medical Termination of Pregnancy Act.
