Detected With Multiple Abnormalities, Karnataka HC Allows Woman To Terminate 31-Week Pregnancy [Read Order]

Justice B Veerappa while allowing the petition said the petitioner is permitted to terminate the pregnancy in the hospital of her choice under the medical care and supervision by a senior doctor. As prescribed under the Medical Termination of Pregnancy Act, permission of the court is required, if the pregnancy is beyond 20 weeks.

Case background:

Woman was in her second pregnancy. She already has a son who is aged 2 years. On October 11, when she underwent anomaly scan at the time of 29 the week of her pregnancy, for the first time, foetal abnormalities were found and the doctor observed in the said report that due to multiple abnormalities the risk for chromosomal abnormalities in particular Trisomy 21 has significantly increased. Therefore surgery was required as soon as the baby was born. The fetus was also diagnosed with heart abnormalities,with having partial unbalanced AVSD, which means the fetus is having a hole in the heart.

The Court then directed constituting a medical board to examine the condition of the pregnancy. It opined, however, possible risks, morbidity, mortality inherent to Down syndrome, surgery for duodenal atresia, may be discussed with the parents. Baby may be alive, if termination is done at this period of gestation it may need major surgery. If the patient and her family feel the mental trauma of delivering such a baby, option of termination of pregnancy can be considered.

Senior Advocate Jayna Kothari appearing for the petitioner argued:

The right to terminate the pregnancy is an integral part of her fundamental rights to privacy, liberty and dignity.

Additional Advocate General R Subramanya argued that "Of course the petitioner has liberty as contemplated under Article 21 of the Constitution of India and ultimately it is for the doctor who has to consider whether it can be terminated or not. Ultimately under section 5 of the Act and permission of this court is necessary for such termination only to save the life of the mother and not otherwise.

Court said:

In view of the personal affidavits filed by the petitioner and her husband, considering the report by the 3rd respondent the entire material on record, writ petition is allowed.

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