By Astha Bhumish Shah 

The Delhi High Court permitted a woman to undergo medical termination of her 32-weeks-old pregnancy observing that Courts must recognise the choice of the mother and her foreseeable environment in arriving at the ultimate decision in such cases. The present case was a petition of a 31-year-old married women whose foetus was diagnosed with bilateral ventriculomegaly for medical termination of her pregnancy under Section 3(2B) and Section 3(3) of the Medical Termination of Pregnancy Act, 1971 (MTP Act). The AIIMS Medical Board’s report identified significant foetal abnormalities, while detailing severe accumulation of fluid in the brain cavities and the incomplete development of critical brain parts, predicting severe locomotive and intellectual impairments if the child were to be born. The Court stated that Section 3(2B) of the MTP Act permitted a pregnant woman to seek termination of her pregnancy, beyond the permissible 24-week gestational age, in case the said pregnancy was found to have substantial foetal abnormalities. It observed that given the scheme of the MTP Act, particularly of Section 3(3), in arriving at the ultimate decision in such cases, it must also recognise and give due weightage to the choice of the mother and her foreseeable environment, as well as the possibility of a dignified life for the unborn child. Considering the above observations, the Court accepted the AIIMS Medical Board recommendation that the continuation of the pregnancy posed a significant risk to the Petitioner’s physical and mental health and was likely to result in the birth of a child with severe health issues. It found it appropriate to permit termination of the pregnancy in the best interest of both the Petitioner and the unborn foetus. Finally, the Court observed that the final decision to undergo the procedure of medical termination of pregnancy is with the petitioner at her own risk and consequences. (Mrs A v. The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Ors – W.P.(C) 9421/2024) 

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