Medical Report Suggests Substantial Foetal Abnormalities: Delhi HC Allows Termination Of 32-Weeks Pregnancy
The Delhi High Court permitted a woman to undergo medical termination of her 32-weeks-old pregnancy observing that courts must recognise the choice of the mother and her foreseeable environment in arriving at the ultimate decision in such cases.
The Court allowed the petition of a 31-year-old married woman (petitioner) whose foetus was diagnosed with bilateral ventriculomegaly for medical termination of her pregnancy under Section 3(2B) and Section 3(3) of the Medical Termination of Pregnancy Act, 1971 (MTP Act).
A Single Bench of Justice Sanjeev Narula observed, “Moreover, given the scheme of the MTP Act, particularly of Section 3(3), in arriving at the ultimate decision in such cases, the Court must also recognise and give due weightage to the choice of the mother and her foreseeable environment, as well as the possibility of a dignified life for the unborn child.”
Advocate Amit Mishra appeared for the petitioner, while ASC Hetu Arora Sethi represented the respondents.
An ultrasound with Color Doppler detected Mild Hydrocephalus in the foetus of the petitioner which prompted her for further diagnostic evaluations. Subsequent ultrasounds confirmed severe abnormalities, including Mild Intrauterine Growth Restriction (IUGR) and bilateral lateral ventriculomegaly.
Earlier, the Court directed the Medical Board of All India Institute of Medical Sciences (AIIMS) to evaluate the petitioner's case. The AIIMS Medical Board's report identified significant foetal abnormalities, including "Corpus callosal agenesis with bilateral severe ventriculomegaly with mild FGR". The report detailed the severe accumulation of fluid in the brain cavities and the incomplete development of critical brain parts, predicting severe locomotive and intellectual impairments if the child were to be born.
“Thus, in the opinion of the Court, the diagnosis in the present case clearly qualifies as substantial foetal abnormality with substantial risk of physical and mental handicap,” the Court remarked.
The Court stated that Section 3(2B) of the MTP Act permitted a pregnant woman to seek termination of her pregnancy, beyond the permissible 24-week gestational age, in case the said pregnancy was found to have substantial foetal abnormalities.
Consequently, the Court held, “In light of the above, this Court accepts the AIIMS Medical Board’s recommendation. The continuation of the pregnancy poses a significant risk to the Petitioner’s physical and mental health and is likely to result in the birth of a child with severe health issues. Consequently, the Court finds it appropriate to permit the termination of the pregnancy in the best interest of both the Petitioner and the unborn foetus.”
The Bench permitted the petitioner to undergo medical termination of pregnancy at a medical facility of her choice. “The possible complications of the procedure for termination at this stage have been explained to the Petitioner. She has to take the final decision to undergo the procedure of medical termination of pregnancy, which would be at her own risk and consequences,” the Court observed.
Accordingly, the High Court allowed the petition.
Cause Title: Mrs A v. The Principal Secretary, Health And Family Welfare Department, Govt. of NCT of Delhi & Ors.
Appearance:
Petitioner: Advocate Amit Mishra
Respondents: ASC Hetu Arora Sethi; CGSC Arunima Dwivedi; Advocate Nirmal Prasad, Kautilya Birat, Aakash Pathak and Pinky Pawar