- In a recent case titled Sangeeta Thapa vs Government of NCT of Delhi and ors. the Hon’ble Delhi HC has granted permission to allow a 28 year old woman to terminate her pregnancy. Her gestational period had exceeded 28 weeks. The Court in this case took note of the fact that continuing the pregnancy would take an enormous toll on the mental and emotional well-being of the mother.
- The bench comprising Justice Rekha Patil relied upon the recent order of a coordinate bench in petitioner vs Government of NCT of Delhi in which the court had allowed the termination of a pregnancy of a 33 year old woman at 28 weeks stating that reproductive choice of a woman is a facet of her personal liberty and has been held to be such by the Supreme Court in a plethora of judgements.
- In the instant case, the medical termination of pregnancy was sought by the petitioner on the grounds that the foetus was not only suffering from Edward syndrome, which is caused by an extra copy of chromosome 18, but also from non-ossified nasal bone and bilateral pyelectasis.
- If the pregnancy was taken to its full term, the child was unlikely to survive its first year, and that too with continuous medical assistance. This would lead to immense trauma to the petitioner’s mental as well as physical well-being.
- The Court observed that a cumulative reading of sections 3(2)(b)(i), (ii) and 3(2B) of the MTP Act indicated the intent of the legislature to allow the termination of the foetus not only in cases of medical abnormalities but also in cases when the continuation of the pregnancy would cause severe harm to the psychological and physical well-being of the mother.
- Even though the Court agreed that terminating the pregnancy at this stage would come with certain risks to the health of the lady, the Court was still of the view that forcing the petitioner to continue with the pregnancy would result in her constantly living with the fear that chances of a stillborn birth is very high. And even if the child was born alive, she would be raising the child with the heavy burden that one day in the coming months she might lose the child forever.
- The Court also took note of the fact that the child would be born with such abnormalities that leading a normal life would become impossible, causing grave hardship to the child as well as the petitioner, both mental and physical, not to mention the added financial troubles as well.
- Thus, the Court allowed the termination of the pregnancy, keeping in view the rights of the petitioner and her well-being.
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