Munmun Kaur
Published On: December 28, 2021 at 10:35 IST
Delhi High Court sought the opinion of the All India Institute of Medical Sciences (AIIMS), Delhi expert body regarding the medical termination of a 28-week pregnancy on account of certain abnormalities in the foetus.
The opinion was sought by the Court while dealing with the petition filed by a 33-year old woman who was seeking permission to undergo the medical termination of pregnancy under the Medical Termination of Pregnancy (MTP) Act claiming that the foetus suffered from some abnormalities and the chances of survival were very bleak.
The Counsel for the petitioner argued that it was the mother’s right to decide whether she wants to continue with the pregnancy or not and also as per the Law, pregnancies could also be terminated even after 24 weeks.
The Counsel for the AIIMS, Delhi told the Court that the foetus has a heartbeat and if the medical termination of pregnancy is carried on with, there are chances that the foetus may be born alive and might need medical care.
To which Justice Anu Malhotra said, “That’s what I’m also saying that I will be entering into murder. That was my first sentence. I know that the child is alive. The report is very clear and it says that if the child is born, it will need postnatal resuscitation”.
She also said that the question with respect to the medical report was not whether the pregnancy “can” be terminated but whether it “should” be.
The Court on December 22, asked AIIMS to set up a medical board for the examination of the petitioner at the earliest. Based on the report submitted by AIIMS, the Court observed that the foetus was viable and there was an 80% chance of success if it receives due care and medical treatment.
The Court has directed the Board to give its opinion on the postnatal outcome in the case of full-term delivery. The Court further asked the Board to state if there was any physical or mental danger to the petitioner if the pregnancy is continued.
The matter is up for the next hearing on December 29.