In the present case, the petitioner sought to terminate her pregnancy after she found out that the foetus was suffering from certain cerebral abnormalities.
AGENCIES
The Delhi High Court today ruled that ultimate choice in pregnancy cases involving fetal abnormalities is of the mother and emphasised that the medical boards in such cases must given qualitative reports.
The High Court said this in a ruling, while allowing a 26-year-old married woman’s plea seeking medical termination of her foetus of over 33 weeks suffering from cerebral abnormalities.
The High Court said that the medical board ought to interact with the woman in a congenial manner, assess her physical and mental condition. It said that the opinion should briefly mention as to what are the risks for the woman in either continuing the pregnancy or undergoing termination.This right gives a woman the ultimate choice as to whether to give birth to the child that she has conceived.
“In conclusion, the court holds that the ultimate decision in such cases ought to recognise the choice of the mother as also the possibility of a dignified life of the unborn child…This court holds that medical termination of pregnancy ought to be permitted in the present case,” the court ruled.
“The right of a pregnant woman to terminate her pregnancy or abort her foetus has been the subject matter of debate across the world. This right gives the woman the ultimate choice as to whether she wants to give birth to the child she has conceived. India is among the countries which recognises this choice of a woman in its law,” the court said.
The court said that in the present case, it was able to gauge the mental trauma affecting the parents as well as their economic and social condition, and the petitioner was taking an informed decision to terminate her pregnancy after weighing all factors.
“The court comes to the conclusion that the mother’s choice is being made in a bonafide manner”, it added while allowing the petitioner to undergo medical termination of pregnancy immediately at LNJP, GTB or any other approved medical facility of her choice as per law.
The court clarified that prior to undergoing termination, the informed consent of the petitioner would be taken and she would undergo the procedure at her own risk.
In its order, the court also acknowledged the “severe dilemma” that women undergo while taking a decision to terminate the pregnancy in such cases, adding that even judges, in such cases, grapple with issues that are not merely factual or legal but also involve ethical and moral factors.
“The emergence of modern technology to detect abnormalities in an unborn child, the issues surrounding termination and abortion are bound to become more and more complex. Such technology coupled with unpredictability of degree of abnormality even by medical practitioners throw challenges to the manner in which a society may grow in the future,” the court observed.