HC allows abortion at 33 weeks, says ‘her choice’

NEW DELHI: The “ultimate decision” in cases of abortion should “recognise the choice of the mother” and the chances of a “dignified life” to the child, the Delhi high court said on Tuesday as it allowed a woman to terminate her pregnancy of over 33 weeks due to cerebral abnormalities in the foetus.

Delivering her verdict, justice Prathibha M Singh said that factors like the physical and mental health of the woman, the risk to the child if born with serious abnormalities, coupled with the risk of surgery at a young age, should be considered apart from the opinion of a medical board.

The judge noted that the medical board did not give a “categorical assessment” on the degree of handicap or the quality of the life of the foetus after birth and thus opined that “such unpredictability ought to weigh in favour of the woman seeking termination of pregnancy”.

According to the Medical Termination of Pregnancy (MTP) Act, abortion is allowed only till 24 weeks but termination of pregnancy beyond 24 weeks can be permitted only if it is necessitated by the diagnosis of “substantial foetal abnormalities”.

Allowing medical termination of the pregnancy, the judge said, “Keeping in mind, these two factors, the court is of the opinion that the mother’s choice has been made in a completely bonafide manner. There exist risks involved in the unborn child’s chances of leading a dignified.” The 26-year-old woman approached the high court last week to seek medical termination of her pregnancy at 33 weeks on account of cerebral abnormalities in the foetus. The woman in the present case argued that the 24-week limit was not applicable “since the foetus borne by the petitioner (woman) carries substantial cerebral abnormalities”.

The petitioner had said that during her ultrasounds till the 16th week of her pregnancy, no abnormalities were found but on November 12, an abnormality was observed in the foetus.

The high court then constituted a medical board at the Lok Nayak Jaiprakash hospital to make an assessment of the abnormalities.