Delhi High Court: The Delhi High Court allowed a woman to terminate her pregnancy at 33 weeks owing to anomalies in her foetus, saying that “the ultimate decision in such circumstances ought to recognise the mother’s choice as well as the prospect of a dignified life of an unborn child.”
Justice Prathibha M Singh remarked, “Keeping in mind, these two factors, the court is of the opinion that the mother’s choice has been made in a completely bonafide manner. There exist risks involved in the unborn child’s chances of leading a dignified and self-sustaining life based on medical reports. The court holds that medical termination needs to be allowed in the present case.”
The judge, who spoke with the woman before giving her verdict, stated that she was sure the woman had assessed the risks and made an informed decision.
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Details regarding the petition
The woman petitioned the Supreme Court for a medical termination of her pregnancy at 33 weeks due to neurological abnormalities in the foetus. Medical abortion is only permitted until 24 weeks of pregnancy, according to the Medical Termination Pregnancy (MTP) Act.
The petition stated that the 24-week limit did not apply since “the unborn borne by the petitioner (mother) has significant brain defects.”
The high court had previously convened a medical board at the Lok Nayak Jaiprakash hospital to assess the abnormalities. The ruling stated that the medical board did not provide a categorical assessment of the child’s handicap or quality of life after delivery, and that this unpredictability weighed in favour of the petitioner.
It stated that the medical board’s view in such circumstances is crucial to the court and cannot be hazy or fractured.
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What did the court specify?
The court noted, “There ought to be some standard factors on which the opinion should be given by the board to whom such cases are referred. Such factors ought to include medical condition of the foetus, by explaining it in laypersons terms along with some medical literature annexed with it.”
The judge further stated that medical boards should engage with the woman in question in a friendly manner, analyse her physical and mental condition, and record their findings in their report.
“The opinion should quickly mention what the dangers are for the lady in either maintaining the pregnancy or terminating the pregnancy, any other concerns to be considered, and the relevant factors which may have an influence on the case,” the court advised.
It was emphasised that when modern tools for detecting defects in the foetus become available, the issues surrounding termination and abortion will become increasingly difficult.
The court noted, “Such technology coupled with the unpredictability of degree of abnormalities, even by medical practitioners, posts challenges to the manner in which society may grow in the future.”
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