JOIN USDelhi HC recognises woman's choice to give birth; allows termination of 33-week pregnancy
In an important judgement, the Delhi High Court on Tuesday held that the ultimate decision in cases of medical termination of pregnancy ought to recognise the choice of the mother, as also the possibility of a dignified life for the unborn child.
The court also said the opinion of the Medical Board in cases of termination of pregnancy is of considerable importance for assistance of the courts. Such opinions cannot be sketchy and fragmented. They ought to be comprehensive in nature, it added.
"In such cases, speediness coupled with qualitative reports is of utmost importance. There ought to be some standard factors on which the opinion should be given by the Board/s to whom such cases are referred. Such factors ought to include medical condition of foetus, woman, and the risk involved for the woman," a single bench of Justice Pratibha Singh said.
The court permitted a woman to end her 33-week pregnancy immediately, saying the mother’s choice is being made in a completely bona fide manner.
The court noted that there is considerable doubt and risk involved in the unborn child’s chances of leading a dignified and self-sustaining life, based upon the medical evidence and reports.
The woman approached the High Court as the foetus suffered from cerebral abnormalities. For her, the date of delivery was fixed in mid-January, 2023.
The Medical Board, set up by the court, "unfortunately" could not give a categorical opinion on degree of handicap or as to the quality of life of the child after birth, with certainty.
"In the mind of the court, such unpredictability and risks ought to weigh in favour of the woman seeking termination of pregnancy," the bench said.
The court pointed out the right of a pregnant woman to terminate her pregnancy or abort the foetus has been the subject matter of debate across the world.
"This right gives a woman the ultimate choice as to whether to give birth to the child which she has conceived. India is amongst the countries that recognises this choice of the woman, in its law, and has even expanded this right in recent times with amendments permitting termination at an advanced stage, under various circumstances," the court said.
While recognising the choice of the woman – the ultimate giver of life in this world, beyond the Omnipresent, such cases highlight the severe dilemma that women undergo while taking a decision to terminate her pregnancy. Courts are no exception – in that Judges have to grapple with issues that are not merely factual and legal but also involve ethical and moral factors, the court added.
With the emergence of modern technologies to detect abnormalitiesin an unborn child, the issues surrounding termination and abortion are bound to become more and more complex. Such technologies coupled with the unpredictability in ascertaining the degree of abnormalities, even by medical practitioners, pose challenges to the manner in which society may grow in the future, the court said.