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PRATHIBA M. SINGH
Mahima Yadav – Appellant
Versus
Government Of Nct Of Delhi & Ors – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done through hybrid mode (physical and virtual hearing).
2. The present petition has been filed by the Petitioner, seeking permission for medical termination of her pregnancy. The Petitioner has invoked the provisions of the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as MTP Act, 1971 ). The submission of ld. counsel for the Petitioner is that the Petitioner's foetus is more than 24 weeks in age, however, she should be permitted to carry out the termination in view of the abnormalities of the foetus and the risk involved for the Petitioner who is suffering from severe heard conditions.
3. Vide order dated 26th March, 2021, this Court had directed the Medical Superintendent of AIIMS to appoint a Board of Doctors to examine the Petitioner. The said Board of Directors consisted of a Chairperson and seven Members, along with a Member Secretary. The Medical Board was chaired by the Professor, Department of Obstetrics & Gynaecology and the Members are from various departments i.e., Department of Paediatrics, Department of Radio-diagnosis and Department of Cardiology, etc. A report was to be submitted by the said
Recent amendments to the MTP Act, 1971 permit termination of pregnancy beyond 24 weeks in case of substantial foetal abnormalities, and the Court's decision is based on the interpretation of the MTP ....
The court establishes that termination of pregnancy beyond 24 weeks is permissible when substantial foetal abnormalities are present, aligning with recent amendments to the MTP Act.
The court affirmed the right to terminate pregnancy in cases of substantial foetal abnormalities, emphasizing the necessity of medical opinion in protecting the mother's health and reproductive choic....
The court upheld that a pregnant woman's right to terminate a pregnancy beyond the statutory limit can be granted due to severe foetal health abnormalities affecting her mental health, interpreting t....
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, 1....
The court reaffirmed the right to terminate a pregnancy based on substantial fetal abnormalities impacting health under the Medical Termination of Pregnancy Act.
The court emphasized the balance between a woman's autonomy in reproductive choices and the medical risks associated with advanced pregnancy, directing a re-examination by a different Medical Board.
The right to terminate a pregnancy beyond specified limits is upheld when substantial fetal abnormalities are confirmed.
The right to terminate a pregnancy with substantial abnormalities is upheld under the Medical Termination of Pregnancy Act, emphasizing women's rights and health considerations.
The judgment underlines the importance of reproductive autonomy and medical advice in cases of severe foetal abnormalities, allowing termination beyond statutory limits if justified.
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