Delhi High Court Allows Medical Termination Of Pregnancy At 22 Weeks

The Delhi High Court has allowed a woman to medically terminate her 22-week pregnancy as a certain congenital anomaly was detected in the foetus, saying psychological harm is likely to be caused to her when the child is born.

Justice Rekha Palli considered that the ultrasound report of the 31-year-old petitioner indicated that the child will suffer from various physical deformities and will require multiple corrective surgeries which will expose him to numerous intra-operative and post-operative complications, seriously affecting his quality of life.

The judge was informed by the woman that in 2019, she had conceived twins. However, due to underlying complications, she delivered the children pre-maturely, with one child passing away due to physical deformities.

The other child, the woman said, was still undergoing treatment and therefore, she was not in a mental state to endure the emotional trauma once again.

"Since there is every likelihood that if the petitioner is not granted permission to terminate her pregnancy, grave psychological harm is likely to be caused to her, I am inclined to agree with the learned counsel for the petitioner that in the present case, the petitioner ought to be granted permission for termination of her pregnancy," the court opined.

The court stated that the medical board constituted in the present case did not disagree with the findings and observations made in the ultrasound report.

It thus ordered that the petitioner, who was "conscious of the risks involved in the termination of her pregnancy at this stage", be permitted to undergo the said procedure at a hospital of her choice.

The foetus in the present case suffered from ''nuchal edema & a bilateral cleft lip and palate''.