Delhi High Court Directs LNJP Hospital To Examine 26-Yr-Old Married Woman's Request For Termination Of 33 Weeks-Old Pregnancy

The Delhi High Court on Friday directed the medical board of Lok Nayak Jai Prakash Narayan (LNJP) Hospital to examine a 26-year-old married woman's case for termination of pregnancy of 33 weeks, as the foetus suffers from cerebral abnormalities.

Justice Pratibha M Singh sought a report from the hospital, while listing the matter for hearing next on December 5.

The woman in the petition said that although she underwent various ultrasounds since the inception of her pregnancy, a cerebral abnormality was found in the foetus only on November 12. The abnormality was confirmed by another ultrasound conducted at a private facility on November 14.

The counsel for the petitioner relied upon the decisions of Bombay High Court and Calcutta High Court to support his contention that the termination can be permitted in such cases under Section 3(2B) and 3(2D) of MTP Act.

As per section 3(2)B of the Act, the provisions relating to the length of the pregnancy shall not apply to the termination of pregnancy where it is necessitated by the diagnosis of any of the substantial foetal abnormalities diagnosed by a Medical Board.

The counsel also submitted that since GTB hospital does not have a medical board for MTP cases, the foetus can be examined by the medical board of LNJP Hospital.

Accordingly, the court said:

"Considering the gestational period, the medical board of LNJP hospital is directed to conduct medical examination of the petitioner today itself and submit a report to this court."