Pregnancy Termination is “Choice of the Mother”: Delhi HC Allows Abortion of 33-week Foetus

New Delhi: The ultimate decision on abortion should be with the pregnant woman, said the Delhi High Court on Tuesday. The High Court allowed a 26-year-old married woman to undergo medical termination of her 33-week pregnancy.

Justice Prathiba M Singh observed that India recognises the choice of a woman in its law.

In the present case, the petitioner pleaded to terminate her pregnancy as the foetus in her womb was suffering from cerebral abnormalities that cannot be cured.

The judge permitted the woman to immediately undergo medical termination of pregnancy.  “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 court clarified that the petitioner would undergo an abortion procedure at her own risk.

In the present case, the woman petitioner approached the Delhi High Court last week when the GTB Hospital declined her request for termination of pregnancy on the premise that the process required judicial intervention. As per the amended Medical Termination of Pregnancy Act, abortion is permissible till 24 weeks of gestation.

 

 

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