Delhi HC Approves Termination of 32-Week Pregnancy Due to Foetal Abnormality

The Delhi High Court on Saturday allowed a plea by a married woman seeking permission to medically terminate her 32-week pregnancy due to an abnormal foetus.

The High Court granted permission after considering the recommendation of the medical board of AIIMS and the physical and mental well-being of the petitioner. Justice Sanjeev Narula allowed the petition, stating, “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 finds it appropriate to permit the termination of the pregnancy in the best interest of both the Petitioner and the unborn foetus,” Justice Narula said in the order passed on July 13.

Doctors from the AIIMS Medical Board stated that they had counseled the Petitioner and her husband, explaining the procedure and the risks involved in such late-term termination. The petitioner expressed her willingness to undergo the procedure, the High Court order noted.

The Court also interacted with the Petitioner, who confirmed that this is her personal decision, made after receiving a medical opinion from AIIMS.

Section 3(2B) of the MTP Act permits a pregnant woman to seek termination of her pregnancy beyond the permissible 24-week gestational age if the pregnancy is found to have substantial foetal abnormalities.

The Ministry of Health and Family Welfare, Government of India, issued guidelines on August 14, 2017, for late-term termination of pregnancy referred to by a court of law.

The High Court noted that the guidelines classify the abnormalities of ‘Corpus callosum agenesis with additional major abnormalities’ and ‘Hydrocephalus over 20mm with dilation of all ventricles’ as major central nervous system abnormalities.

“Thus, having regard to the aforementioned provisions and the clear and explicit medical report suggesting substantial foetal abnormalities, the Court is inclined to accept the Petitioner’s request,” the bench said in the order.

The bench further stated that, given the scheme of the MTP Act, particularly Section 3(3), in arriving at the ultimate decision in such cases, the Court must recognize and give due weightage to the choice of the mother and her foreseeable environment, as well as the possibility of a dignified life for the unborn child.

A 31-year-old married woman had approached the Delhi High Court seeking permission to medically terminate her 32-week pregnancy due to an abnormal foetus.

The High Court had called for a report from the All India Institute of Medical Sciences (AIIMS).

Petitioner’s counsel, Amit Mishra, submitted that the foetus has abnormalities, which were revealed on July 4 after the petitioner underwent an ultrasound test. He also submitted that the petitioner obtained opinions from four other labs, all of which yielded the same results.

Considering the advanced stage of pregnancy, the bench directed AIIMS to file a medical report by July 13.

The petitioner approached the court after being advised by doctors to get the court’s permission for medical termination of pregnancy, as it was beyond the permissible duration under the Medical Termination of Pregnancy Act.

(With Inputs from ANI)