Delhi High Court allows termination of 27-week abnormal pregnancy

The Delhi High court on Tuesday permitted the termination of a 27-week pregnancy suffering from cardiac abnormality. The High court passed the direction after perusing the report of the medical board of the All India Institute of Medical Sciences (AIIMS), New Delhi.

A woman approached the court seeking permission for the termination of pregnancy. Justice Prathiba M Singh granted permission for termination of pregnancy after perusing the report of the medical board which recommended a termination. The procedure is to be done at AIIMS.

The bench directed the petitioner to be admitted at the AIIMS on March 9. A report was filed by the medical board constituted at the AIIMS which had six members. Delhi High court on March 3 directed the AIIMS to constitute a medical board to examine the woman who has sought permission to terminate a 27-week pregnancy. The woman has said that the foetus is suffering from cardiac abnormality.

"Considering the nature of abnormality, let a medical board be constituted by the AIIMS," the bench had said. The woman approached the court through advocate Anwesh Madhukar seeking permission to terminate the pregnancy. The court noted that in the report of the ultrasound done on February 17, some abnormality was found in the foetus. After that, the case was referred to a foetal medical expert.

The abnormality was found in the subsequent examination on February 25. The court perused the report of February 25 wherein a cardiac abnormality with the foetus was found. It is stated that no abnormality was found in the ultrasound done on January 5, 2023. The Petitioner is a 32-year-old married woman who is currently at a 27-week gestational age and by way of the instant petition, she has sought the intervention of the High Court in passing directions to conduct medical termination of her pregnancy under Section 3(2B), Medical Termination of Pregnancy Act, 1971 (as amended by the MTP Amendment Act, 2021).

Given the fact that time is of the essence in the present case and also owing to the substantial foetal abnormalities, the Petitioner has approached the High Court for enforcement of her `Right to life` under Article 21, Constitution of India, and has sought directions against the Respondents qua medical termination of her pregnancy under Section 3(2B), Medical Termination of Pregnancy Act,1970, the petition stated.

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