Case Note & Summary
The petitioner, a woman in her 27th week of pregnancy, filed a writ petition seeking permission for medical termination of pregnancy. She had undergone a sonographical examination on 18 December 2017 which revealed multiple severe foetal anomalies, including iniencephaly, cerebellar hypoplasia, hydranencephaly, laryngeal atresia, atrium-ventricular septal defect, double outlet single ventricle, and non-visualization of the stomach. The sonologist reported that these congenital malformations increased the likelihood of an underlying genetic abnormality and that chances of independent intact neonatal survival were less. The petitioner approached the High Court seeking a direction to the respondents to allow termination at a medical facility of her choice. The Vacation Bench on 2 January 2018 directed the State to have the petitioner examined by a Medical Board at Sir J.J. Group of Hospitals, Mumbai. The Medical Board, comprising the Dean, Head of Department (Gynecology), and Professor and Head of Department (Radiology), examined the petitioner and reviewed the sonography report. The Board opined that the foetus suffers from multiple congenital anomalies which are incompatible with independent survival, and that continuation of the pregnancy would pose a substantial risk of serious physical handicap to the child if born. The Board recommended termination of pregnancy. The court considered the provisions of Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, which allows termination beyond 20 weeks if there is substantial risk that the child would suffer from serious physical or mental abnormalities. The court held that the case falls within the ambit of this provision, as the foetal anomalies are severe and incompatible with life. The court also noted the mental trauma and risk to the mother if the pregnancy is continued. Accordingly, the court allowed the petition and directed the respondents to permit termination of pregnancy at a hospital of the petitioner's choice, at her own expenses, within a week. The court also directed that the termination be conducted by a team of competent doctors and that the foetus be preserved for genetic studies if possible.
Headnote
A) Medical Termination of Pregnancy - Termination Beyond 20 Weeks - Section 3(2)(b) Medical Termination of Pregnancy Act, 1971 - Substantial Risk of Serious Physical Handicap - Petitioner, a 27-week pregnant woman, sought termination based on sonography revealing multiple severe foetal anomalies including iniencephaly, cerebellar hypoplasia, hydranencephaly, laryngeal atresia, and cardiac defects - Medical Board confirmed that the foetus suffers from multiple congenital anomalies incompatible with independent survival and that continuation of pregnancy poses substantial risk of serious physical handicap - Court held that the conditions fall within the ambit of Section 3(2)(b) and allowed termination to prevent mental trauma and risk to the mother (Paras 2-10).
Issue of Consideration
Whether a woman undergoing 27th week of pregnancy can be permitted to undergo medical termination of pregnancy on the ground of substantial risk that the child, if born, would suffer from serious physical handicap, as per Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971.
Final Decision
The petition is allowed. Respondents are directed to permit the petitioner to undergo medical termination of pregnancy at a hospital of her choice, at her own expenses, within a week from the date of the order. The termination shall be conducted by a team of competent doctors, and the foetus shall be preserved for genetic studies if possible.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3(2)(b)
- substantial risk of serious physical handicap
- foetal anomalies
- pregnancy beyond 20 weeks
- opinion of Medical Board
- right to reproductive choice
- mental trauma
- compassionate approach
