New Delhi: Delhi High Court has allowed a 28-week pregnant woman to undergo a medical termination of pregnancy due to substantial fetal disorders, said reproductive choice was the dimensions of personal freedom.
The High Court said that it was for the applicant to make a final decision to undergo a medical cessation procedure, which would be a risk and its own consequences.
Judge Jyoti Singh noted that considering medical experts, the child will need heart surgery at the early stages of life and repeat heart operations at the end of adolescence or adults, leaving their entire life depending on clinical conditions and the quality of medical care.
“Applicant, in my view, is justified in competing that continues with pregnancy, after it is known that the fetus suffers from rare congenital heart disease, which is a ‘substantial fetal abnormality’, with complications and risks present, will have it a negative impact on the Mental Health of the Applicant, “The High Court said in the order passed on December 31.
Further note that it allows pregnancy to continue will have a negative impact on mental health of women.
“As held repeatedly by the court, the choice of reproduction is the aspect of a woman’s reproductive rights and dimensions of ‘personal Liberty’, enshrined in Article 21 of India’s constitution and thus the applicant cannot be seized from the freedom to make a decision to continue or not continue with pregnancy, In the background of fetal abnormalities that appear in the medical opinion of the board, “he said.
The High Court further notes that the child will be exposed to intra and postoperative complications and can cause further complexity that will have a negative impact on the quality of life and the opinions of experts that the child is likely to have the average physical growth coming with a warning that surgical improvement is successful .
This allows the applicant to undergo a medical termination of pregnancy in his chosen medical facility and states that the medical council suffered in this case has explained the possibility of complications from the stopping procedure at this stage.
The fetus is diagnosed with the Fallot tetralogy with no lung valve syndrome.
’28 -Week pregnancy can end due to abnormalities’
