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.

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 mental health as well.

3. It is the petitioner's case that she had been going for regular check-ups ever since 23.07.2021 i.e. from the 7th week of her pregnancy and all reports were normal till about the18th week of her pregnancy. It is only on 05.12.2021, when she went for a scheduled check up in the 24th week of her pregnancy that the Ultrasound Report (USG) showed the lateral ventricle size as 1.2 cm, which is more than the normal size, and thus, an anomaly was detected in the foetus for the first time. She was subsequently advised to consult a specialist and get some further tests done.

4. The petitioner thereafter consulted a gynaecologist for further tests, who advised her go for a 'Fetal Echocardiography' (Fetal Echo) since the foetus had crossed the 24 weeks limit. The Fetal Eco tests conducted on 10.12.2021 showed certain other anomalies in the foetus such as non-ossified nasal bone, mild bilateral fetal renal pyelectasis, cisternal magna mild prominent (11 mm), besides there being a cyst in a umbilical cord. after this, following medical advice, the petitioner underwent some further tests of Quantitative Fluorescence-PCR (QF-PCR) and Chromosomal Microarray Cytoscan 750K to get clarity on the formation of chromosomal abnormalities in the foetus. It is after these two tests, that the petitioner found out that the foetus is suffering from Edward Syndrome (Trysomy 18), which is a chromosomal disorder that occurs due to the presence of an extra chromosome and is a rare condition, the cause whereof is not known.

5. Once this condition of the foetus came to light, the petitioner was referred by her gynaecologist to Lok Nayak Jay Prakash Hospital, (LNJP) a government hospital for further consultation, where she was explained, after analysis of her QF-PCR and Chromosomal Microarray Cytoscan 750K test reports, that the defect in the foetus was a critical one and the chances of survival of the new born children with the condition of Edward Syndrome is even otherwise less than 50% in the first week of birth, whereas 90% of the babies born with the syndrome are likely to die in the first year of birth itself.

6. On 27.12.2021, the petitioner after learning about the aforesaid condition, consulted another senior gynaecologist at LNJP who, after examination of her test reports, once again concurred with the earlier opinion regarding the status of the petitioner's foetus. The petitioner's request for a medical termination of pregnancy however, was not acceded to, as by this time she had already completed 28 weeks of pregnancy.

7. It is at this stage that the petitioner has approached this Court seeking permission to undergo medical termination of her pregnancy under sections 3(2)(b) and 3(2B) of the Medical Termination of Pregnancy act, 1971 as amended by the Me