Delhi HC allows woman to terminate 27-week pregnancy as foetus suffers from anencephaly, open neural tube defect
Jan 28, 2022
New Delhi [India], January 28 : The Delhi High Court has allowed a woman to medically terminate her 27-week pregnancy as the foetus was suffering from anencephaly, open neural tube defect and kyphoscoliosis disease.
The High Court granted permission on the basis of the report submitted by the medical board constituted at AIIMS. The board reported that a woman has 27-week pregnancy and was suffering from anencephaly, open neural tube defect and kyphoscoliosis in the foetus, which is incompatible with life.
Justice V. Kameswar Rao, in the recent order, said, ''I am of the considered view that in the light of the opinion given by the Medical Board, continuing the pregnancy shall be a great hardship to the petitioner and upon that her extreme amount of mental, emotional and even financial distress."
He said, "No doubt, there are certain risks to the petitioner, considering and noting the medical opinion given by the board, the compelling reasons for petitioner to seek permission to end her pregnancy can be understood."
Justice Rao said, "This court is of the view that this is a fit case where the petitioner can be granted permission to undergo medical termination of her pregnancy. Accordingly, the petitioner is permitted to have her pregnancy terminated without any further delay."
High Court gave this direction disposing of a petition moved by a woman to seek permission for termination of pregnancy. Petitioner on December 14, 2021, came to know that the foetus was suffering from ''Anencephaly along with spinal deformities."
The petitioner said that thereafter another ultrasound was done for reassurance on December 15 and December 31, 2021, which suggested that the foetus had severe cranial neural tube defect (Anencephaly) and that the foetal skull bone was not visible.
The consequence of the above-cited deformity is that the foetus affected by anencephaly mostly are stillborn or die at birth.
The counsel for the petitioner said that the petitioner along with her husband decided to undergo a medical termination of pregnancy. Unfortunately, the ongoing strike by doctors in General Hospital, Shahadara, where she was undergoing treatment caused unnecessary delay for the petitioner.
While the petitioner was admitted to GTB Hospital and was under medication for abortion, she completed her 24th week of pregnancy. Therefore, despite already being administered heavy doses of medications, she was refused the service of termination of pregnancy by GTB Hospital, citing the need of a court order to continue with the abortion.
The bench hearing the petition had on January 18, directed AIIMS to constitute a Medical Board to examine the petitioner and to submit a report. Pursuant to the direction, the medical board constituted submitted its report advising the medical termination of pregnancy.
