Image Source : AP HC permits termination of 28 week being pregnant primarily based on AIIMS board report (Representational Image)
The Delhi High Court Monday allowed a girl’s plea to terminate her 28-week being pregnant after a medical board constituted by AIIMS stated her fetus will be aborted because it suffered from anencephaly, a situation the place the cranium bone will not be fashioned, and was subsequently, incompatible with life. A bench of Chief Justice D N Patel and Justice Jyoti Singh permitted the medical termination of the girl’s being pregnant primarily based on the board’s report and disposed of her plea.
The court docket stated an in depth order can be issued quickly.
The bench on January 7 had requested the All India Institute of Medical Sciences (AIIMS) to represent a medical board to look at the girl and provides a report by January 11 on the feasibility of terminating her being pregnant.
According to the girl’s plea, “an ultra-sonography at the gestational age of 27 weeks 5 days found that the fetus suffered from anencephaly (skull bone not formed) thereby making it incompatible with life”.
The Medical Termination of Pregnancy Act of 1971 prohibits abortion of a fetus after 20 weeks of gestation. The lady had, subsequently, additionally challenged the provisions of the statute which limit abortions after 20 weeks.
She had contended that with advances in know-how it was completely protected for a lady to abort a fetus at any level throughout her being pregnant.
She had additionally contended that dedication of fetal abnormality in lots of circumstances can solely be performed after the twentieth week and “by keeping the ceiling artificially low, women who obtain reports of serious fetal abnormality after the 20th week have to suffer excruciating pain and agony because of the deliveries that they are forced to go through”.
“The ceiling of 20 weeks is therefore arbitrary, harsh, discriminatory and violative of Articles 14 and 21 of the Constitution of India.” the petition had claimed.
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