Delhi High Court Permits Termination of 32-Week Pregnancy with Abnormal Foetus

The Delhi High Court granted permission to a married woman to medically terminate her 32-week pregnancy due to substantial foetal abnormalities. The decision was based on AIIMS medical board recommendations and the petitioner’s physical and mental well-being.

The Delhi High Court on Saturday allowed a plea from a married woman seeking permission to medically terminate her 32-week pregnancy due to an abnormal foetus. The court's decision was influenced by recommendations from the AIIMS medical board and the woman's overall physical and mental well-being.

Justice Sanjeev Narula granted the petition, stating, "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." He affirmed that terminating the pregnancy was in the best interest of both the petitioner and the unborn foetus.

The AIIMS Medical Board had counselled the petitioner and her husband about the procedure and associated risks, to which they consented. The High Court also verified that the petitioner had independently decided to proceed with the termination after receiving medical advice from AIIMS.

Under Section 3(2B) of the MTP Act, a woman can seek termination of her pregnancy beyond the 24-week limit if substantial foetal abnormalities are detected. The Ministry of Health and Family Welfare guidelines from 2017 support late-term terminations in such cases.

The High Court highlighted that the foetus had major central nervous system abnormalities like 'Corpus callosum agenesis with additional major abnormalities' and 'Hydrocephalus over 20mm with dilation of all ventricles.' Based on the medical report, the court accepted the petitioner's request for termination.

The court noted the importance of considering the mother's choice, her environment, and the potential for a dignified life for the unborn child under the MTP Act. The woman had initially approached the court after receiving consistent ultrasound results indicating abnormalities from multiple labs.

In light of the advanced pregnancy stage, the bench instructed AIIMS to submit a medical report by July 13. The petitioner's lawyer, Amit Mishra, mentioned that the foetus's abnormalities were confirmed in early July.

(With inputs from agencies.)