Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 800

IN THE HIGH COURT OF DELHI
Dhirubhai Naranbhai Patel, Jyoti Singh, JJ.
Kalpana Singh - Appellants
Vs.
Government of NCT of Delhi and Ors. - Respondent
W.P. (C) 115/2021
Decided On : 11-01-2021

Advocates Appeared:
For the Appellant :Siddharth Seem, Advocate
For the Respondents:V.S.R. Krishna and V. Shashank Kumar, Advocates

The right to terminate pregnancy beyond 20 weeks in cases of foetal abnormalities incompatible with life, as interpreted under Sections 3(2)(b) and 5(1) of the Medical Termination of Pregnancy Act, 1971.

Headnote:
Medical Termination of Pregnancy - Petitioner's request for termination of pregnancy beyond 20 weeks due to foetal abnormality - Sections 3(2)(b) and 5(1) of the Medical Termination of Pregnancy Act, 1971 discussed
Fact of the Case:

The petitioner sought permission for medical termination of pregnancy beyond 20 weeks due to foetal abnormality. The Medical Board opined that termination could be offered.
Finding of the Court:

The court found that the petitioner's pregnancy could be terminated based on the medical report and the opinions of the Medical Board.
Issues: The main issue was the interpretation of Sections 3(2)(b) and 5(1) of the Medical Termination of Pregnancy Act, 1971 in cases of termination beyond 20 weeks due to foetal abnormality.
Ratio Decidendi: The court relied on previous judgments where termination was permitted beyond 20 weeks in cases of foetal abnormalities incompatible with life, emphasizing the right to preserve the life and health of the pregnant woman.
Final Decision: The court allowed the petitioner to terminate her pregnancy beyond 20 weeks, citing the opinions of the Medical Board and the urgency of the matter.

JUDGMENT :

Dhirubhai Naranbhai Patel, J.

The proceedings in the matter have been conducted through video conferencing.

1. This writ petition has been preferred with the following prayers:

"a. For a writ of mandamus or any other writ, order, directing the Respondents to allow the Petitioner to undergo Medical Termination of the Pregnancy.

b. For a writ of declaration or any other appropriate writ, order or direction quashing section 3(2)(b) of The Medical Termination of Pregnancy Act, 971 to the limited extent that it stipulates a ceiling of 20 weeks for an abortion to be done under section 3, as ultra vires Article 14 and 21 of the Constitution of India.

c For a declaration to the effect that the expression "save the life of the pregnant woman" in Section 5 of the MTP Act includes "the protection of the mental and physical health of the pregnant woman" and also incorporates situations where serious abnormalities in the foetus are detected after the 20th week of pregnancy.

d. For an order directing the Respondent No. 3 for setting up an expert panel of doctors to assess the pregnancy and offer MTP to the petitioner in need of the procedure beyond the prescribed 20 weeks limit.

e. For any other order/direction that this Hon'ble Court may deem fit."

2. As per the case set out in the petition, petitioner had got Ultrasonography conducted on 31st December, 2020 at gestational stage of 27 weeks 5 days which reveals that the foetus suffered from Anencephaly +. Based on the said report, which indicated a fetal abnormality the petitioner consulted her Gynaecologist at Lady Hardinge Medical College and requested for medical termination of pregnancy. However, since the permissible limit of 20 weeks under the Medical Termination of Pregnancy Act had already crossed, the petitioner's request was declined. Report dated 31st December, 2020 is annexed at Annexure P-3 to the memo of this writ petition and is as follows:-

							"UHID: 20200157120
				Lady Hardinge Medical College And Smt. S.K. Hospital Connaught Place, New Delhi-110001
CONSULTING ROOM NO					Casualty EHR ID: 20000216047507830
CLINIC: Gynae Casualty TOKEN NO: 101
					CASUALTY
Department: Main Casualty					Fees: Rs. 0
ER No: 2020/078/0056128					GC/551273 Unit : CASUALTY
Name: MRS. KALPANA PRAKASH					31/12/2020 /11PM W/O:
Date of Registration: 31.12.2020 10:49:37 PM Sex: Female Age:25 Y
Billing Type: GENERAL					Religion: UNKNOWN
Mobile No.: *******294					Occupation: UNKNOWN
Address: F-7 SHANKAR MARKET CENTRAL DELHI, DELHI, INDIA
Patient Type: NON MLC					Prepared By: Mr. Satveer Singh
Brought By: Self					Email:
Presenting Complaints:					Investigation
Temp – 87.49 Primi/23 + 6 Wks. POG/Pain in abdomen/since morning
No C/L (illegible)					c Gastuco No C/o BPV / LPV
Examination : Primi/SPC P : BP: M/N – Prev. cycle regulation 3-4d.any flow 28-3LMP-16 Jul 2020 R:
		P / u : NAD P / u : NAD
Doctor’s Name						Signature/Date
Patient Consent: I, the holder of the above mentioned mobile number, herewith give my consent to share my electronic health information with 'My Health Record', an initiative of Govt. of India. I understand that I can revoke/withhold this consent through site
			(https://myhealthrecord.nhp.gov.in) /c ucp (illegible) PO (illegible) BP-103/86 PR – 84 min.
USG-31/12/2020 NMC: SL/UF (illegible) FL – 27 + 5 wks
	- USG for PWB + r/o ectopic stat - T. Rantop 40mg stat given - Pt. Obsecured in GC x 3 wks. Comfortable No C/O BPV/LPV Pt. counselled i/v/o poor prognosis of fetus & prolong POG Pt. & husband both counselled and advice
Advice: F/U in GOPD c/m F/U in GOPD thus 2pm Fetal medicine OPD T. PA 5mg. 10 D ((illegible)”

3. The matter was listed before us on 7th January,

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2021 Supreme(Del) 800

IN THE HIGH COURT OF DELHIDhirubhai Naranbhai Patel, Jyoti Singh, JJ.Kalpana Singh - AppellantsVs.Government of NCT of Delhi and Ors. - RespondentW.P. (C) 115/2021Decided On : 11-01-2021

The right to terminate pregnancy beyond 20 weeks in cases of foetal abnormalities incompatible with life, as interpreted under Sections 3(2)(b) and 5(1) of the Medical Termination of Pregnancy Act, 1971.

IN THE HIGH COURT OF DELHI
Dhirubhai Naranbhai Patel, Jyoti Singh, JJ.
Kalpana Singh - Appellants
Vs.
Government of NCT of Delhi and Ors. - Respondent
W.P. (C) 115/2021
Decided On : 11-01-2021