The Delhi High Court recently allowed a 28-week pregnant woman to proceed with the medical termination of her pregnancy, owing to a substantial foetal abnormality.
Factual Background
The woman had approached the Court for seeking permission to terminate her 28-week long pregnancy, which is beyond the permissible period of 24 weeks as prescribed under the Medical Termination Act 197.
Observation of the Court
While concluding its decision, the Court relied on a report prepared by the medical board constituted in the case. The report had stated if the child were to be born, it would be susceptible to repeated cardiac surgeries on account of the congenital disorder. In the words of the Court,
“The opinion indicates that the entire life of the child, if born would largely depend on the clinical condition and quality of medical care provided to the child. Thus, lack of compatibility of the foetus with a healthy and normal life is looming large. The mental frame of the Petitioner, a mother, in such circumstances, in taking a tough call to terminate pregnancy is perhaps understandable”.
“As repeatedly held by the Courts, in the judgments referred above, reproductive choice is a facet of reproductive rights of a woman and a dimension of her “personal liberty” enshrined is Article 21 of the Constitution of India and thus the Petitioner cannot be deprived of the freedom to take a decision to continue or not to continue with the pregnancy, in the backdrop of the feotal abnormalities brought forth in the Medical Opinion of the Board”.
Case Details
Before: Delhi High Court
Case Title: Ms. Sneha Mukherjee v. Government of Delhi
Coram: Hon’ble MS. Justice Jyoti Singh
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