Medical Professionals Must Offer Expert Opinions Without Fear Of Legal Repercussions In MTP Cases: Delhi High Court
Nupur Thapliyal
6 July 2024 5:30 AM GMT
The Delhi High Court has observed that in cases seeking medical termination of pregnancy (MTP), medical professionals in the medical board must offer their expert opinions without fear of legal repercussions.
Justice Sanjeev Narula said that medical professionals must focus on providing the best possible medical guidance in such sensitive matters.
“The Court must therefore before parting emphasise that the opinion of the Medical Board in such cases of termination of pregnancy is of considerable importance for assisting the Courts in arriving at a just order,” the court said.
It agreed with the decision of a coordinate bench in Mrs. X v. GNCTD & Anr wherein it was held that the opinions of the Medical Board cannot be sketchy and fragmented and must be comprehensive and meticulously detailed.
“The gravity of MTP cases demands not only speed but also the highest quality of reports to ensure that the rights and health of the petitioners are adequately safeguarded,” the court observed.
Justice Narula made the observations while allowing the plea moved by a 31 years old married woman seeking medical termination of her 30 weeks of pregnancy as the foetus was suffering from Joubert Syndrome, a multisystem disorder with poor neuro-developmental outcome.
The woman was residing with her husband and a 9 years old son with mental disability since birth.
Initially, last month, the Medical Board at Lok Nayak Hospital had denied the MTP application of the woman. However, since the court found the medical reports inconclusive, another medical board was constituted at AIIMS. On thorough examination of the woman and antenatal MRI scan, AIIMS medical board recommended termination of the pregnancy.
The court observed that the negative recommendation against MTP by Lok Nayak Hospital was because of inconclusive diagnosis, since they relied upon old medical reports and scans without conducting further detailed tests.
Finding the AIIMS report to be more reliable and definitive, the court allowed the plea and said that the MTP Act aims to balance the health and well-being of the pregnant woman with the potential quality of life of the unborn child.
“The provisions of the Act, read in harmony with the principles of personal liberty enshrined in the Constitution, affirm the right of a pregnant woman to seek a termination of pregnancy under medically justified circumstances. This ensures that women are not compelled to carry pregnancies to term, in situations where doing so would compromise their health or result in the birth of a child with severe abnormalities,” the court said.
It underscored that medical professionals play a crucial role in the society and while it is not the intention of the Court to demoralize them, but it is imperative to highlight the significance of their responsibility in sensitive matters like MTP.
“The delay and inadequate counselling of the Petitioner has resulted in an advanced stage of pregnancy. This underscores the need for the Medical Board to act with greater diligence and urgency in future cases. The Court advises the Medical Board of Lok Nayak Hospital on the importance of their role and the critical impact their opinions have on the lives of the Petitioners and their families,” the court said.
Counsel for Petitioner: Dr. Amit Mishra, Advocate
Counsel for Respondents: Ms. Rachita Garg, Mr. Agam Rajput and Ms. Preeti Chauhan, Advocates for R-1, 3; Ms. Arunima Dwivedi, CGSC with Ms. Pinky Pawar and Mr. Aakash Pathak, Advocates for UOI; Mr. Satya Ranjan Swain, Panel Counsel for AIIMS with Mr. Kautilya Birat and Mr. Ankush Kapoor, Advocates for R-2
Title: MRS. R. v. THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT & ORS.
