The Court interpreted and applied Section 3(2)(ii) of the Medical Termination of Pregnancy Act, 1971 to allow termination of pregnancy due to a genetic disorder, despite being beyond the statutory limit.

1. On 25.05.2021, this Court passed the following orders:-

1. The Court has been convened through video conferencing due to Covid-19 pandemic.

2. Instant petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing PGIMER, Chandigarh-respondent No. 2 to medically terminate the pregnancy of the petitioner as there is a genetic defect in the fetus, which is similar to the disorder in the previous child of the petitioner, who is suffering from Metachromatic Leaukodystrophy, a rare genetic disorder resulting from mutation in the ARSA gene.

3. Counsel for the petitioner urges that the gestation period of the fetus is 24 weeks and 5 days and though the petitioner had requested for Medical Termination of Pregnancy (MTP) but during her visit to the Institute respondent No. 2 on 19.05.2021, the doctor declined to do so and advised her to approach the Court.

Notice of motion.

4. On asking of the Court, Ms. Anju Sharma Kaushik, DAG, Punjab accepts notice on behalf of the State-respondent No. 1. Mr. Amit Jhanji, Advocate with Mr. Abhishek Premi, Advocate, who has been served with an advance copy of the petition, appears on behalf of the Institute-respondent No. 2 and accepts notice. He submits that a Medical Board has already been constituted in the Institute for examination of requests for medical termination of pregnancy and in case the petitioner appears before the Board, she will be duly examined.

5. Let the petitioner appear before the Medical Superintendent of the Institute-respondent No. 2 on 26.05.2021 at 10:00 A.M., who will ensure that the Medical Board after examining the petitioner, gives its Assessment Report regarding the termination of the pregnancy of the petitioner.

6. Report be submitted before this Court in a sealed cover on the next date of hearing.

7. Copy of the order be sent by e-mail to the Medical Superintendent, PGIMER, Sector 12, Chandigarh immediately to ensure its compliance.

List on 27.05.2021.”

8. In compliance of the said order, the Permanent Medical Board has submitted its report dated 26.05.2021 in a sealed cover. The sealed cover is ordered to be open, the report has been perused and is taken on record. The report reads as under:-

“Report of the Medical board

Subject:- CWP No. 10226 of 2021 Preeti Bala Vs. State of Punjab and another regarding patient Ms. Preeti Bala, age 33 years, female W/O Sh. Bhagwant Singh, CR No. 2021 0106 7089, R/0 Roorkee, Punjab.

With reference to the directions from the Hon'ble Punjab and Haryana High Court, Chandigarh dated 25/05/2021 received in the MS office on 25.05.2021 from the Legal cell, PGIMER, Chandigarh wherein the Permanent Medical Board has been asked to medically examine the petitioner Ms. Preeti Bala and thereafter furnish an assessment report regarding the termination of the pregnancy.

The petitioner Ms. Preeti Bala appeared in the O/o Medical Superintendent on 26.05.2021 and was medically evaluated by the Medical Board at PGIMER, Chandigarh on dated 26.05.2021. Following are the observations:

1. As per USG done on 26.05.2021, her period of gestation is 24 wks and 6 days. She has a single live intrauterine fetus with weight 750 + 111 gms with no gross congenital malformation.

2. The amniotic fluid fetal DNA is showing the same mutations as have been seen in the previous affected child with Metachromatic Leukodsystrophy. Hence, the fetus is likely to be affected with same disorder. This is a neurological disorder with lifelong problems such as difficulty in motor functioning, intellectual disability, speech and behavioral issues with no cure available as of now.

3. The patient is psychologically distressed due to carrying a pregnancy with a fetal DNA showing genetic disorder in the fetus. In light of no cure available for the same and one child suffering from severe disability (due to Metachromatic Leukodsystrophy), she does no wish to continue this pregnancy.

4. The patient has been clinically examined and