Delhi High Court Allows Termination of 32-Week Pregnancy Due to Foetal Abnormality

Delhi High Court Allows Termination of 32-Week Pregnancy 

Due to Foetal Abnormality



The Delhi High Court has granted permission to a married woman to medically terminate her 32-week pregnancy due to significant abnormalities in the foetus. The decision was made after considering recommendations from the AIIMS Medical Board and the well-being of the petitioner.


Court's Decision and Reasoning


Justice Sanjeev Narula, in his order dated July 13, highlighted that continuing the pregnancy posed a significant risk to the petitioner’s physical and mental health and was likely to result in the birth of a child with severe health issues. Therefore, the court found it appropriate to allow the termination in the best interests of both the petitioner and the unborn child.


AIIMS Medical Board's Evaluation


The AIIMS Medical Board had thoroughly evaluated the case, counseling the petitioner and her husband about the procedure and risks involved in such a late-term termination. The petitioner confirmed her understanding and willingness to proceed with the termination after receiving the medical opinion.


Legal Framework: The Medical Termination of Pregnancy (MTP) Act


The Medical Termination of Pregnancy (MTP) Act, 1971, governs the conditions under which a pregnancy may be terminated. Section 3(2B) of the MTP Act permits a woman to seek termination beyond the 24-week gestational limit if substantial foetal abnormalities are detected. The Ministry of Health and Family Welfare's guidelines, issued on August 14, 2017, support this provision for late-term terminations referred by a court of law.


Court's Considerations


The High Court referred to the guidelines that classify abnormalities like 'Corpus callosum agenesis with additional major abnormalities' and 'Hydrocephalus over 20mm with dilation of all ventricles' as major central nervous system abnormalities. Given the medical report's clear indication of substantial foetal abnormalities, the court was inclined to accept the petitioner’s request.


Additionally, the court acknowledged the importance of the mother’s choice and the potential for a dignified life for the unborn child, aligning with the scheme of the MTP Act, especially Section 3(3).


Background of the Case


The petitioner, a 31-year-old married woman, approached the Delhi High Court for permission to terminate her 32-week pregnancy after discovering significant foetal abnormalities through an ultrasound on July 4. Her counsel, Amit Mishra, presented results from four different labs, all confirming the abnormalities. Given the advanced stage of pregnancy, the court sought a detailed report from AIIMS, which supported the termination due to the detected abnormalities.


Why High Court Permission Was Needed


Under the MTP Act, termination beyond 24 weeks requires court approval if substantial foetal abnormalities are present. This ensures that all legal and medical aspects are thoroughly considered, protecting the health and rights of the mother while adhering to the law.


Conclusion


The Delhi High Court's decision underscores the importance of legal and medical frameworks in addressing complex pregnancy-related issues. It emphasizes the need to balance the mother's health and well-being with legal guidelines, ensuring compassionate and just outcomes.

Location: Pune, Maharashtra, India

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