HC allows termination of 22-week pregnancy of Chandigarh woman

The woman had on May 8 approached HC seeking permission for the termination of pregnancy as the foetus was diagnosed with a severe congenital anomaly

The Punjab and Haryana high court (HC) on Wednesday allowed termination of 22-week pregnancy of a Chandigarh woman as the foetus was diagnosed with a severe congenital anomaly.

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The termination of pregnancy was allowed after a panel of doctors at the Post Graduate Institute of Medical Education and Research (PGIMER) opined for the same. The woman had on May 8 approached HC seeking permission for the termination of pregnancy. Following this, the matter was sent by HC for examination by a panel of PGIMER.

The Medical Termination of Pregnancy Act, 1971, does not permit termination of pregnancy beyond 20 weeks. The law allows termination of pregnancy by a registered medical practitioner, where the duration of the pregnancy does not exceed 12 weeks. If the duration is up to 20 weeks, the pregnancy can be terminated on doctors’ opinion that continuance of the pregnancy would involve a risk to the life of the pregnant woman or can cause grave injury to her physical or mental health. It can also be terminated, if there is a substantial risk to newborn.

The PGIMER panel had found that foetus had a severe congenital anomaly with poor prognosis and was not compatible with normal life. The foetus was found affected with Arnold Chiari malformation [type II], a structural defect which leads to underdeveloped brain and a distorted spine.

The medical board of PGIMER had also said that there was also possibility of live birth if abortion was performed since it was being performed after 22 weeks. Hence, in such cases injection of ultrasound guided potassium chloride into the fetal heart is advised prior to abortion, to prevent a live birth, the panel had suggested.

“In view of the said medical report, this court has no choice but to accept the request of the petitioner, which is also recommended by the permanent medical board,” said a bench of justice Nirmaljit Kaur while allowing the termination of pregnancy with the directions that all necessary facilities for undertaking the procedure be afforded to the patient.