The Delhi High Court permits a lady who is 33 weeks pregnant to abort her baby.
Given the advanced stage of pregnancy, the LNJP Hospital’s medical board informed the court that it had denied the request for an abortion.
On Tuesday, the Delhi High Court authorised a woman who was 33 weeks pregnant to have a medical abortion. GNCTD & Anr. V. Mrs. Pooja Kumari
Justice Prathiba M. Singh then held as follows:
“The mother’s decision is ultimately upheld by the court, it finds. The Court decides that the medical termination should be permitted in light of this. The LNJP Facility or any other hospital of the petitioner’s choice may perform the termination right away.”
In addition, Justice Singh pointed out that under Indian law, the decision of whether or not to carry a child ultimately rests with the mother.
“These types of situations underscore the difficult situation that women face. The difficulties surrounding abortion and termination are sure to get more complex as a result of modern technologies” the Court continued.
The medical report provided by the LNJP Hospital was also objected to by the Court, who noted that it was insufficient.
During her interaction with the petitioner, Justice Singh said, she was able to determine whether or not she was aware of the dangers and psychological suffering associated with childbirth or child abortion.
The court was hearing a petition for a medical abortion from a 26-year-old woman who is 33 weeks pregnant.
Given the late stage of the pregnancy, the medical board of Delhi’s Lok Nayak Jai Prakash Narayan (LNJP) Hospital notified Justice Singh today that it had denied the plea for a termination.
The judge heard testimony from the hospital’s gynaecologist and neurosurgeon on Monday.
The child will probably have some disabilities, but the neurosurgeon predicted that they will survive. Nearly 10 weeks after the baby’s birth, the doctor said that although he cannot foresee the “quality of life” of the child, he can perform surgery to address some of the problems.
The petitioner was represented in the court by lawyers Anwesh Madhukar, Pranjal Shekhar, Prachi Nirwan, and Yaseen Siddiqui.
A detailed order is still awaited.
Written By: Lakshman Singh, B.B.A LL.B (Hons.), Shri Ramswaroop Memorial University, Lucknow
