The Delhi High Court allowed the Medical Termination of thirty three week pregnancy.
The petition has been filed by Mrs. X who, after her marriage in November, 2021, is stated to have conceived a child in March, 2022. The Petitioner is in the thirty-third week of gestation, and the due date of delivery is stated to be around mid-January, 2023.
The Petitioner approached the Guru Teg Bahadur Hospital, which is run by the Respondents – GNCTD. Thus, the Petitioner obtained confirmations from three different diagnostic centres/hospitals regarding the findings, and finally sought to exercise her choice to terminate the pregnancy.
The single judge bench of Justice Prathiba M. Singh said that the Medical Board, in the case, unfortunately has not been able to predict or give a categorical opinion as to the degree of handicap or as to the quality of life of the child after birth, with certainty. In the mind of the Court, such unpredictability and risks ought to weigh in favour of the woman seeking termination of pregnancy.
“On the basis of the conversation between the Court and the Petitioner, the Court has clearly been able to gauge the mental trauma affecting the parents, their economic and social conditions, as also, the fact that the Petitioner is taking a cautious and well-informed decision, while seeking termination of pregnancy. She has understood as to what termination of pregnancy entails at such an advanced stage. This Court is convinced that, as a mother, she has weighed the same with the unpredictability and the risks involved, considering the condition of the foetus” the court observed.
The court held that there is considerable doubt and risk involved in the unborn child’s chances of leading a dignified and self-sustaining life, based upon the medical evidence and reports. Considering this position, the Court held that the medical termination of pregnancy ought to be permitted in the case.
Case title: Mrs. X v/s GNCTD & Anr.
Citation: W.P.(C) 16607/2022