Delhi HC allows woman to medically terminate 30-week pregnancy. Here's why

The petitioner woman was forced to approach the high court after doctors at Lok Nayak Hospital denied her request to undergo medical termination of pregnancy.

The Delhi high court on Friday passed an order allowing a 31-year-old woman to undergo medical termination of her pregnancy of around 30 weeks after the foetus was found to have a neuro-developmental disorder.

The Delhi High Court on Friday passed an order allowing a 31-year-old woman to undergo medical termination of her pregnancy of around 30 weeks after the foetus was found to have a neuro-developmental disorder. (GETTY IMAGES/FOR REPRESENTATIONAL PURPOSE ONLY)

The court order ruled that the law ensures women are not compelled to carry such pregnancies to term where the child would be born with severe abnormalities, reported news agency PTI.

The court passed the order based on a medical report about the fetus, given by a board of doctors from AIIMS. The medical report said that the child, if born, would likely face severe neurological impairments and extensive health challenges on account of 'Joubert Syndrome'.

In the case, the court also noted that the first child of the petitioner woman also suffered from neurological handicaps.

"She and her family would be compelled to care for two children with significant neuro-developmental issues, requiring extensive, continuous, and advanced medical care potentially for their entire lives," the court noted while allowing the termination of pregnancy.

"Considering the substantial risk of serious neurological difficulties and the adherence to the established medical guidelines, the court finds the recommendation of the AIIMS Medical Board to be well-founded in evidence and in the best interest of the Petitioner's health and the potential quality of life for the child. Petitioner is permitted to undergo medical termination of pregnancy at a medical facility of her choice," Justice Sanjeev Narula said in the order.

The petitioner woman was forced to approach the high court after doctors at Lok Nayak Hospital, where she was being treated, denied her request to undergo medical termination of pregnancy (MTP) on June 13.

The court stated that the negative recommendation against termination of pregnancy by Lok Nayak Hospital was due to an"inconclusive diagnosis" as they "relied upon old medical reports and scans without conducting further detailed tests".

"They have failed to provide a definitive diagnosis or fully assess the Petitioner's current condition. Conversely, the AIIMS Medical Board conducted comprehensive testing, including up-to-date ultrasound and fetal MRI scans, and arrived at a clear diagnosis of Joubert Syndrome," the court said.