On Saturday, the Delhi High Court approved a married woman’s request to terminate her 32-week pregnancy due to severe fetal abnormalities. The decision came after reviewing recommendations from the AIIMS Medical Board and assessing the woman’s physical and mental health.
Justice Sanjeev Narula, who presided over the case, stated that continuing the pregnancy posed a significant risk to the petitioner’s health and would likely result in the birth of a child with serious health problems. He deemed it necessary to permit the termination for the well-being of both the petitioner and the fetus.
The AIIMS Medical Board had previously counseled the petitioner and her husband, explaining the procedure and potential risks associated with late-term abortion. The petitioner, after receiving comprehensive medical advice, chose to proceed with the termination.
According to Section 3(2B) of the Medical Termination of Pregnancy (MTP) Act, a woman can seek an abortion beyond the standard 24-week period if there are substantial fetal abnormalities. The Ministry of Health and Family Welfare’s guidelines, issued on August 14, 2017, provide a framework for handling such late-term requests.
The High Court noted that the fetus was diagnosed with ‘Corpus callosum agenesis with additional major abnormalities’ and ‘Hydrocephalus over 20mm with dilation of all ventricles,’ which are classified as major central nervous system abnormalities. Based on these findings and the petitioner’s situation, the court supported her request.
The court emphasized that the MTP Act, particularly Section 3(3), requires consideration of the mother’s choice and the potential quality of life for the unborn child. This perspective played a significant role in the court’s decision.
The 31-year-old petitioner had approached the Delhi High Court after her doctors advised her to seek legal permission for the abortion, given the advanced stage of her pregnancy. Following an ultrasound on July 4 that confirmed the abnormalities, and subsequent opinions from multiple labs, the court ordered AIIMS to provide a report by July 13 to facilitate the decision.
