The judge, following a report given by the doctors of AIIMS, concluded that permitting the termination of the pregnancy was in the best interest of both the petitioner and the foetus.
“In the opinion of the court, the diagnosis in the present case clearly qualifies as substantial foetal abnormality with substantial risk of physical and mental handicap,” the court said in its order passed on July 13.
The petitioner, a married woman, had approached the high court earlier this month, seeking permission to undergo medical termination of her pregnancy after her ultrasound reports revealed certain abnormalities in the foetus.
The woman was examined by the AIIMS doctors, pursuant to an order of the court.
As per the medical report, the foetus exhibited “bilateral severe ventriculomegaly”, a condition characterised by excessive accumulation of fluid in the brain cavities. The court was informed that the extent of fluid buildup was “severe” and another critical part of the brain had not developed normally and should the child be born, locomotive and intellectual capacities would be severely impaired. Having regard to the law and the clear and explicit medical report which suggests substantial foetal abnormalities, the court said it was inclined to accept the petitioner’s request.
“Moreover, given the scheme of the MTP (Medical Termination of Pregnancy) Act, particularly of Section 3(3), in arriving at the ultimate decision in such cases, the court must also recognise and give due weightage to the choice of the mother and her foreseeable environment, as well as the possibility of a dignified life for the unborn child,” the court concluded.
The court, while permitting the petitioner to undergo medical termination of pregnancy at a medical facility of her choice, said the doctors who have contributed their opinion as part of the medical board will have immunity in the event of any litigation arising out of the petition.
