In a rare instance, the Delhi High Court on Tuesday allowed termination of a 33-week pregnancy by saying that the “ultimate decision” in matters of abortion ought to recognise a woman’s choice to give birth and the possibility of dignified life of the unborn child.

Justice Prathiba M Singh observed that while the right of a pregnant woman to terminate her pregnancy has been the subject matter of debate across the world, India recognises the choice of a woman in its law.

In the present case, the petitioner, a 26 year old married woman, sought to terminate her 33-week pregnancy after she found out that the foetus was suffering from certain cerebral abnormalities. Normally, termination is not allowed after 24 weeks of pregnancy.

The petitioner had said during her ultrasounds till the 16th week of gestation period, no abnormalities were found in the foetus but on November 12, an abnormality was observed in the foetus. The court clarified that prior to undergoing termination, the informed consent of the petitioner would be taken and she would undergo the procedure at her own risk.

The judge, while permitting the woman to immediately undergo medical termination of pregnancy, noted that the medical board unfortunately did not give a “categorical opinion” on the degree of handicap or the quality of the life of the foetus after birth and thus opined that “such unpredictability ought to weigh in favour of the woman seeking termination of pregnancy”.

“In conclusion, the court holds that the ultimate decision in such cases ought to recognise the choice of the mother as also the possibility of a dignified life of the unborn child...This court holds that medical termination of pregnancy ought to be permitted in the present case,” the court ruled.

“The right of a pregnant woman to terminate her pregnancy or abort her foetus has been the subject matter of debate across the world. This right gives the woman the ultimate choice as to whether she wants to give birth to the child she has conceived. India is among the countries which recognises this choice of a woman in its law,” the court said.

 The court said that in the present case, it was able to gauge the mental trauma affecting the parents as well as their economic and social condition, and the petitioner was taking an informed decision to terminate her pregnancy after weighing all factors. “The court comes to the conclusion that the mother’s choice is being made in a bonafide manner”, it added while allowing the petitioner to undergo medical termination of pregnancy immediately at LNJP, GTB or any other approved medical facility of her choice as per law.

The woman represented by advocate Anwesh Madhukar and Prachi Nirwan had approached the High Court last week after the GTB Hospital declined her request for termination of pregnancy on the premise that the process required judicial intervention since the current gestational age of the petitioner was beyond the permissible limit, that is, 24 weeks as per the amended Medical Termination of Pregnancy Act which came into effect from September 24, 2021.