The Delhi High Court has allowed a 28-week pregnant woman to undergo medical termination of pregnancy on account of substantial foetal abnormality by observing that reproductive choice is a facet of the reproductive rights of a woman and a dimension of her personal liberty enshrined in Article 21 of the Constitution.
Justice Jyoti Singh allowed the woman to terminate her 28 weeks’ pregnancy as the foetal abnormalities brought forth in the Medical Opinion of the Board that the foetus suffers from a rare congenital heart disease.
The court also observed that allowing pregnancy to continue would have a negative impact on the petitioner’s mental health and that she cannot be deprived of the freedom to take a decision to continue or not to continue with the pregnancy.
The petitioner had approached the court as the permissible limit of 24 weeks was over under the Medical Termination of Pregnancy Act, 1971.
The High Court had sought an expert body’s opinion from the All India Institute of Medical Sciences on medical termination of a 28-week pregnancy on account of certain abnormalities in the foetus.
Also Read: Air India sale: Delhi HC reserves order on Subramanian Swamy’s plea against Tata deal
The court sought direction from the respondent to allow her to undergo medical termination of pregnancy.
The AIIMS expert body submitted that there was a major foetal abnormality in the form of a rare congenital heart disease coupled with the assessment of the Paediatric Cardiologist and Neonatologist.
The report further noted that the chances of a successful outcome was 80 per cent, if operated in time and optimally managed with regular follow-up.
Also Read: CJI Justice NV Ramana bids farewell to Supreme Court judge Justice Subhash Reddy
The report further stated that the child would require to follow up in cardiology and cardiac surgery, 2-3 times per year initially and annually thereafter.
The report noted that the mother was highly stressed and was not in the correct mental frame of mind to continue with the pregnancy.