Aastha Thakur
Published on: 06 December 2022 at 21:31 IST
The Delhi High Court gave permission a 33-week pregnant woman to undergo medical termination of pregnancy.
Single-division Justice Prathiba M Singh held, “The Court comes to the conclusion that the mother’s choice is ultimate. Considering this, the Court holds that the medical termination be allowed. The petitioner is permitted to undergo termination immediately at the LNJP Hospital or any other hospital of her choice.”
The bench noted that it is the mother’s choice whether is wants to keep the baby or not.
“Cases like these highlight the severe dilemma that a woman has to undergo. With the emergency of modern technology, the issues around abortion and termination are bound to become more difficult,”
The court also expressed its displeasure over the medical report submitted by doctors of LNJP Hospital, stating that it was not complete.
The bench further continued that the petitioner is well-aware with the risks involved as well as the additional mental trauma that comes with the medical termination of pregnancy or giving birth to a child.
The court was hearing a petition for a medical abortion from a 26-year-old woman who is 33 weeks pregnant.
Given the advanced stage of the pregnancy, the medical board of Delhi’s Lok Nayak Jai Prakash Narayan (LNJP) Hospital notified Justice Singh today that it had denied the plea for a termination.
Justice Singh said that judicial precedents in India have supported the rights of women to abort or medically terminate the pregnancy, depending upon the gestational period, the medical condition of the foetus, the physical and mental health of the woman, and other such factors.
“An overall analysis of the judicial decisions mentioned above would show that Courts have permitted termination of pregnancy even at an advanced stage i.e., even in the ninth month if substantial foetal abnormalities are detected in the foetus. But in all the above cases, the Medical Board gave an opinion in favour of termination of the pregnancy,” it added.
Considering the above-mentioned paramented, Justice Singh passed following directions:
- The petitioner is permitted to undergo the procedure for medical termination of pregnancy immediately at the LNJP hospital or the GTB hospital or an approved medical facility of choice as per Section 4, under the supervision of a properly constituted medical team.
- Prior to undergoing the procedure for medical termination of pregnancy, the petitioner shall once again be informed of the procedure being undertaken and her informed consent for the same will be obtained.
- The petitioner shall undergo medical termination, at her risk, as to the consequences of the consequences of the same.
