Delhi High Court Directs AIIMS To Constitute A Medical Board To Ascertain Whether It Would Be Safe To Terminate 22 Week Pregnancy

The Delhi High Court directed the All India Institute of Medical Sciences (AIIMS) to constitute a medical board to consider whether it would be safe for the Petitioner to terminate her 22-week-old pregnancy.

The Court listed the matter for October 19 while noting that the Medical Termination of Pregnancy Act, 1971 (MTP Act) recognizes the reproductive autonomy of every woman to choose medical intervention to terminate her pregnancy.

Justice Subramonium Prasad observed, “The opinion of a Medical Board would be necessary for consideration as to whether it would be safe for the Petitioner to undergo the procedure for termination of pregnancy by a registered medical practitioner and also to ascertain the conditions of the foetus… For this purpose, this Court is inclined to direct All India Institute of Medical Sciences, New Delhi to immediately constitute a Medical Board to consider as to whether it will be safe for the Petitioner herein to undergo the procedure for termination of pregnancy or not and also on the condition of fetus. Let the report of the Medical Board, so constituted, be forwarded to this Court within 48 hours from today”.

Advocate Amit Mishra appeared for the Petitioner and Standing Counsel Manisha Agarwal Narian, Government Pleader Archana Surve and Additional Standing Counsel Mehak Nakra appeared for the Respondents.

The Petition was filed seeking permission to terminate a 22-week-old pregnancy under Sections 3(2)(b)(i) and 3(3) of the MTP Act and Rule 3B(C) of the Medical Termination of Pregnancy Rules, 2003 (Rules). The Petitioner contended that she had decided to get a divorce from her husband and therefore, does not want to continue the pregnancy.

The Court observed that per Section 3 of the MTP Act a pregnancy under 20 weeks could be terminated by a registered medical practitioner if he believes that continuance of a pregnancy would involve a risk to the life of a pregnant woman or of grave injury to her physical or mental health or there is a substantial risk that if the child were born, it would suffer from any serious physical or medical abnormality. 

The Court noted that the Petitioner had neither filed any physical abuse complaint against her husband nor approached any court under the Domestic Violence Act. The Court directed the AIIMS to ascertain whether it would be safe for the Petitioner to undergo the procedure for termination of pregnancy or not.

Accordingly, the Court listed the matter for October 19.

Cause Title: Mrs. B v Union Of India (2023:DHC:7554)

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