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REKHA PALLI
Sangeeta Thapa – Appellant
Versus
Government Of NCT Of Delhi – Respondent
JUDGMENT
Rekha Palli, J. - The petitioner, a 28 year-old pregnant woman, has approached this Court seeking the following reliefs:-
'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 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.
c. For an order directing any other government hospital in National Capital of Delhi who already has 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.'
2. The petitioner has sought medical termination of her pregnancy on the ground that the foetus is suffering not only from Edward Syndrome (Trisomy 18) but also from non-ossified nasal bone and bilateral pyelectasis. In case the pregnancy is taken to its logical conclusion, then as per medical opinion, the child is not likely to survive beyond one year, and that too with continued medical assistance, which will not only cause severe harm to her physical, but me
The MTP Act allows termination of pregnancy in cases of severe foetal abnormalities and potential grave injury to the mental health of the pregnant woman, even beyond the prescribed 20 weeks limit.
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 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 reaffirmed the right to terminate a pregnancy based on substantial fetal abnormalities impacting health under the Medical Termination of Pregnancy Act.
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.
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 affirmed reproductive autonomy and the legality of terminating pregnancies with substantial fetal abnormalities 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.
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