Case Note & Summary
The petitioner, Anjali Chugh, aged 29 years and married to Ankit Chugh on 17.1.2017, was 21 weeks pregnant and sought permission from the High Court of Karnataka to medically terminate her pregnancy under the Medical Termination of Pregnancy Act, 1971. She alleged that an ultrasound scan conducted on 4.12.2018 revealed a fetal abnormality, and that she was at risk of suicide due to the mental trauma. The court referred the matter to a Medical Board at Vani Vilas Hospital, which examined the petitioner and submitted a report stating that the fetus had no major abnormality but that the petitioner was at risk of suicide if the pregnancy continued. The court considered the provisions of the Medical Termination of Pregnancy Act, 1971, particularly Section 5 read with Section 3, and Explanation 1 to Section 3, which allows termination if there is a risk of grave injury to the mental health of the pregnant woman. The court held that the risk of suicide constitutes a grave injury to mental health and that the petitioner's right to life under Article 21 of the Constitution includes the right to reproductive choice. The court allowed the petition and directed the respondents to permit the termination at Cloud 9 (Kids Clinic India Pvt. Ltd.) under the supervision of Dr. Shefali Tyagi, with the condition that the termination be performed within one week and that the hospital submit a report to the court.
Headnote
A) Medical Termination of Pregnancy - Permission for Termination Beyond 20 Weeks - Sections 3 and 5, Medical Termination of Pregnancy Act, 1971 - The petitioner, 29 years old and 21 weeks pregnant, sought permission to terminate pregnancy due to risk of suicide and fetal abnormality detected in ultrasound scan. The court, after considering the report of the Medical Board and the risk to the petitioner's mental health, allowed the termination under Section 5 read with Section 3 of the Act, holding that the danger to the petitioner's life and grave injury to her mental health justified the termination beyond the statutory limit. (Paras 1-10) B) Medical Termination of Pregnancy - Mental Health Exception - Explanation 1 to Section 3, Medical Termination of Pregnancy Act, 1971 - The court interpreted that the risk of suicide constitutes a grave injury to the mental health of the pregnant woman, and thus the pregnancy can be terminated under the mental health exception. The court relied on the Medical Board's report and the petitioner's statement to conclude that continuing the pregnancy would pose a risk to her life. (Paras 5-9) C) Constitutional Law - Right to Reproductive Choice - Article 21 of the Constitution of India - The court recognized that the right to reproductive choice is part of the right to life under Article 21, and that the state cannot compel a woman to continue a pregnancy that poses a risk to her mental health. The court balanced the rights of the foetus against the mother's right to life and health, and held that the mother's right prevails in the circumstances. (Paras 8-10)
Issue of Consideration
Whether the petitioner, who is 21 weeks pregnant, should be permitted to medically terminate her pregnancy under the Medical Termination of Pregnancy Act, 1971, considering the risk to her mental health and the alleged fetal abnormality.
Final Decision
The court allowed the writ petition and directed the respondents to permit the petitioner to medically terminate her pregnancy at Cloud 9 (Kids Clinic India Pvt. Ltd.) under the supervision of Dr. Shefali Tyagi, within one week from the date of the order. The hospital was directed to submit a report to the court after the termination.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3
- Section 5
- Explanation 1 to Section 3
- Mental Health Exception
- Risk of Suicide
- Ultra Sound Scan Report
- Fetal Abnormality
- Right to Reproductive Choice
- Article 21 of Constitution of India
