Delhi High Court Raps LNJP Hospital For Delaying Medical Examination Of Pregnant Woman, Seeks Report By 1 PM On MTP Request

The Delhi High Court on Monday rapped Lok Nayak Jai Prakash Narayan (LNJP) Hospital for delaying the medical examination of a 26-year-old married woman, who is seeking termination of pregnancy of 33 weeks as the foetus suffers from cerebral abnormalities.

The court had last week directed LNJP's medical board to examine the woman and file a report by December 5. "Considering the gestational period, the medical board of LNJP hospital is directed to conduct a medical examination of the petitioner today itself and submit a report to this court," it said on Friday

However, the counsel representing the woman this morning told the court that she is yet to be examined by the medical board. 

"She has been there since 9 am. It is 10:30 am. Who is the doctor concerned who made her wait," Justice Prathiba M. Singh asked the counsel representing the hospital.

The hospital counsel submitted that due to the advanced pregnancy and the complications, the medical board also wanted the neurologist to be there in the team. The court was also told that Fetal MRI has to be done today.

"Why have they not done it this morning," the court asked.

The counsel representing the LNJP cited "administrative reasons" and "election duty" for the delay and told the court that she has been told that the report will be ready by tomorrow.

Calling the reasons given by the LNJP "specious", Justice Singh said, "I want it by 1 O' Clock. I am taking this matter at 2:30 PM. Tell the doctors concerned if they don't do it, [at] 2:30 [PM] they should be present in court".

The woman in the petition filed last week 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.

It is the petitioner's case that Bombay High Court and Calcutta High Court in similar cases have allowed termination of pregnancy under Section 3(2B) and 3(2D) of MTP Act

As per section 3(2)B of the Medical Termination of Pregnancy 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.