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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VINOD S. BHARDWAJ, J.
Anamika Lamba And Another - Appellant
Versus
State Of Haryana And Others - Respondents
CWP-23929-2022
Decided on : 21-10-2022
Medical Termination of Pregnancy - Termination of Pregnancy - Section 3 of the Medical Termination and Pregnancy Act, 1971 - [Section 3(2)(b)(ii)]
Fact of the Case:
The petitioner sought a writ for the termination of pregnancy at 29 weeks and 05 days due to congenital anomalies causing grave injury to the child and posing a danger to the petitioner's life. Medical reports confirmed the anomalies and recommended termination.
Finding of the Court:
The Permanent Medical Board recommended termination due to the severe fetal bladder outflow obstruction causing anhydramnios, which could lead to early loss of kidney function and affect lung development. The court accepted the board's recommendation and allowed the termination.
Issues: The main issue was whether the court should permit the petitioner to undergo medical termination of pregnancy beyond the usual 20-week limit under Section 3(2)(b)(ii) of the Medical Termination of Pregnancy Act, 1971.
Ratio Decidendi: The court allowed the termination based on the clear opinion of the Permanent Medical Board that the fetus was not likely to survive due to congenital anomalies, despite the time limit of 20 weeks under Section 3(2)(b)(ii).
Final Decision: The writ petition was allowed, and the Director of the medical institute was requested to terminate the pregnancy under supervision, ensuring all necessary facilities for the procedure.
JUDGMENT :
VINOD S. BHARDWAJ, J.
1. The instant petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of Mandamus directing the respondent No.2-Post Graduate Institute of Medical Education and Research, Sector-12, Chandigarh though its Director to terminate the pregnancy of the child which is about 29 weeks and 05 days. Reliance in this regard was placed to the Medical Report dated 12.10.2022 (Annexure P-2) as well as other medical record which shows “Prognosis in view of dysplasia kidneys as a result whereof continuation of the pregnancy would cause grave injury to the child of the petitioner No.1 and is also unsafe and dangerous to the life of the petitioner No.1 herself.
2. Learned counsel appearing on behalf of the petitioners refers to the pleadings and contends that the petitioners got married to each other on 10.12.2020 and the petitioner No.1 conceived on 25.03.2022. During the course of her regular medical check up, the petitioner No.1 was examined by Dr. Shreyasi Sharma, MBBS, MD (ObGyn) and during examination, congenital anomalies were found i.e. dysplasia kidneys which has caused lower urinary tract obstruction. The medical report of the petitioner No.1 had been appended alongwith instant petition as Annexure P-2.
3. That on the basis of the aforesaid medical report, the petitioners sought a second opinion and the said opinion given earlier on 12.10.2022 was affirmed. As per the opinion of the treating physician, the bladder of the foetus is distended, kidneys has dysplasia, cystic change.
4. Upon filing of the present petition, notice was issued to the respondents. Counsel appearing on behalf of respondent No.2 had entered appearance and the petitioner was subjected to examination by the Board constituted for the medical termination of the pregnancy.
5. Pursuant to the said order dated 17.10.2022, the petitioner appear before the Board constituted under Rule 3-A of the Medical Termination of Pregnancy Act, the petitioner No.1 was subjected to medical/physical examination by the aforesaid Board comprising of 07 doctors. The report and opinion on the findings of the Board is extracted as under:
| Sr. No. | Report | Opinion on the findings. |
| 1 | The patient is primi gravida. As per the ultrasound done on 19.10.2022, the period of gestation is 29 weeks 3 day with single live intra uterine fetus weighing 1432+212 grams with anhydramnios with bilateral hydroureteronephrosis (R> L) with bladder outlet obstruction. The right kidney shows moderate hydronephrosis (AP diameter of pelvis 24mm), left Kidney shows mild hydronephrosis. Bilateral ureters are prominent. | Amniotic fluid is progressively reducing in the last 4 weeks. The life time risk of developing CKD is 30% in fetuses with lower urinary tract obstruction who survive till birth. Also there is severe fetal bladder outflow obstruction causing anhydramnios which can cause early loss of function of kidneys. Absent amniotic fluid will affect the lung development. Hence MTP is advised due to absent amniotic fluid, chances of pulmonary hypoplasia, thereby poor prognosis. Also long term chances of CKD (chronic kidney disease) |
| 2 | Opinion of the faculty Internal Medicine | Patient has been examined and found to be medical fit. |
| 3. | Opinion of faculty psychiatry | Patient is stressed since the time she got to know about the malformation (possible) in the fetus which is associated with prolonged medical and surgical treatment for the family and fetus and doubtful optimal outcome for the fetus. Hence she wants to discontinue the current pregnancy. |
| 4 | Other Recommendations | As per the Royal College of Obstetricians and Gynecologists (RCOG) guidelines (Termination of pregnancy for fetal abnormality, 2010), in cases where medical abo |
AI
The court can permit medical termination of pregnancy beyond the 20-week limit under Section 3(2)(b)(ii) of the Medical Termination of Pregnancy Act, 1971, if the fetus is not likely to survive due t....
The court reaffirmed the right to terminate a pregnancy based on substantial fetal abnormalities impacting health under the Medical Termination of Pregnancy Act.
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 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 judgment underlines the importance of reproductive autonomy and medical advice in cases of severe foetal abnormalities, allowing termination beyond statutory limits if justified.
The judgment affirms the fundamental right to reproductive autonomy, emphasizing that termination of pregnancy is permissible based on substantial foetal abnormalities regardless of gestational age.
The court affirmed reproductive autonomy and the legality of terminating pregnancies with substantial fetal abnormalities under the Medical Termination of Pregnancy Act.
The central legal point established in the judgment is the consideration of the Medical Termination of Pregnancy Act, the right to live with dignity, and the need for medical and psychiatric support ....
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