Himachal Pradesh HC Allows Abortion Of 32-Week-Old Foetus Of 19-Yr-Old Girl [Read Judgment]

The Himachal Pradesh High Court has allowed abortion of a 32-week-old foetus of a 19-year-old girl having mild to moderate mental retardation on the ground that it is risky for her to complete the normal period of pregnancy and deliver the child on the due date.

The mother of the girl had approached the high court seeking a direction to arrange for abortion of a foetus in her womb.

The medical board constituted by the high court had found that the girl is mild and moderately mentally retarded and is carrying the pregnancy of about 32 weeks. It had also opined that, in the event of pregnancy is to be continued, the foetus may have severe cognitive and motor impairments even after surgical procedure.

Referring to the report, the bench comprising Justice Dharam Chand Chaudhary and Justice Vivek Singh Thakur said it is a fit case where the risk of termination of her pregnancy is within the acceptable limits.

The court then directed the Medical Superintendent, Kamla Nehru Hospital, Shimla, to arrange for termination of the pregnancy of the girl by expert gynecologists under the supervision of the medical board. “Since in the opinion of the Medical Board, the petitioner is mild to moderate mentally retarded mother, therefore, in addition to her own affidavit in support of the writ petition, consent of her father or mother, as the case may be, be obtained before she is subjected to surgical intervention (caesarean) enabling her to deliver the baby prematurely,” the court said.