The Delhi High Court on Tuesday allowed a 33 weeks pregnant woman to go for medical termination of pregnancy. The woman approached the High Court for abortion due to the foetus suffering from a cerebral deformity.

The court accepted the plea in light of the uncertainty concerning the quality of life and a mother’s choice as to whether or not to give birth to a child suffering from an abnormality.

Justice Prathiba M. Singh granted the petition in light of the medical board’s assessment, which was unable to indicate the potential severity of the child’s condition.

The court said cases like these highlight the severe dilemma that a woman has to undergo. With the emergence of modern technology, the issues around abortion and termination are bound to become more difficult. The court further said that it is easy to detect a number of abnormalities in full-term pregnancy (like this case).

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During the interaction with the petitioner, Justice Singh said she was able to determine that she was aware of the risks and psychological trauma that come with childbirth or child abortion.

Last week, the 26-year-old woman approached the high court after the GTB Hospital rejected her plea for pregnancy termination. According to the amended Medical Termination of Pregnancy Act, which took effect on September 24, 2021, the petitioner’s current gestational age exceeded the legal threshold of 24 weeks.

The medical board that Lok Nayak Jai Prakash Narayan (LNJP) Hospital appointed to investigate the case stated in its report that while the foetus, once born, would be compatible with life, the degree of any disability due to the abnormality cannot be predicted. In the end, the board decided against medically terminating the pregnancy in the given situation.

The doctors who were virtually present in court stated that the quality of life of the foetus cannot be judged and that surgery can be performed on the newborn.

The petitioner had stated on Friday that no abnormalities had been discovered in the foetus up until the 16th week of gestation, but the petitioner said an abnormality was noticed on November 12.

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