Delhi High Court Allows Medical Termination Of Pregnancy Exceeding 28 Weeks Citing Foetal Abnormalities, Emotional Distress Of Mother

The Delhi High Court on Friday allowed termination of pregnancy of a 28 year old woman whose gestational period had exceeded 28 weeks after taking note of her mental and emotional distress apart from the foetus abnormalities.

Justice Rekha Palli relied on a recent order of a coordinate bench wherein the Court allowed termination of 28 weeks foetus of a 33 year old woman observing that reproductive choice is a facet of reproductive rights of a woman and a dimension of her personal liberty. The Court had also observed that the mother cannot be deprived of the freedom to take a decision to continue or not to continue with the pregnancy in the backdrop of the foetal abnormalities brought forth in the Medical Opinion of the Board.

The petitioner in this case had sought medical termination of her pregnancy on the ground that the foetus was suffering not only from Edward Syndrome (Trisomy 18) but also from non-ossified nasal bone and bilateral pyelectasis.

It was thus the petitioner's case that in case the pregnancy is taken to its logical conclusion, the child is not likely to survive beyond one year, and that too with continued medical assistance, which will not only cause severe harm to her physical, but mental health as well.

The Court was therefore of the view that a plain reading of Section 3(2)(b)(i), 3(2)(b)(ii) and 3(2B) of the Medical Termination of Pregnancy Act clearly indicates that medical termination of pregnancies can in certain situations be allowed, even where duration of the pregnancy exceeds 24 weeks.

"It is evident that the Legislature was conscious that a pregnant woman should have a right to seek medical termination of pregnancy not only when the foetus is diagnosed with substantial abnormalities by the Medical Board, but also when forcibly continuing the pregnancy is likely to cause grave injury to her mental health," it added.

Taking note of the fact that there were certain risks to the petitioner herself in undergoing the termination of her pregnancy, however considering the medical opinion which clearly suggested that the foetus was suffering from a rare chromosomal disorder, the Court was of the view that there was a compelling reason for the petitioner to seek permission to end her pregnancy.

"In the present case I am of the considered view that, if the petitioner is forced to continue with the pregnancy, she will not only constantly live with the fear that the odds of giving birth to a stillborn are very high, but that even if the infant is born alive, she will be raising the child with heavy pain knowing that she could lose the child forever within a few months," the Court ordered.

"Not to mention that the child will be born with such substantial abnormalities that living a normal life may never be an option, thus causing grave hardship to the child as well as putting the petitioner through extreme amounts of mental, emotional, and even financial distress."

The Court therefore granted permission to the petitioner for undergoing medical termination of her pregnancy at a medical facility of her choice.

Accordingly, the petition was disposed of.

Case Title: SANGEETA THAPA v. GOVERNMENT OF NCT OF DELHI & ORS.

Citation: 2022 LiveLaw (Del) 11

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