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The termination of pregnancy ought to be permitted even beyond the 24 weeks period: High Court of Delhi

The High Court of Delhi, through learned judges, Chief Justice Pratibha M Singh in the case of Mahima Yadhav vs Government of NCT Delhi (W.P.(C) 4117/2021)  held that termination of pregnancy ought to be permitted even beyond the 24 weeks period. 

BRIEF FACTS: The present petition was filed by the Petitioner, seeking permission for medical termination of her pregnancy. The Petitioner had invoked the provisions of the Medical Termination of Pregnancy Act, 1971. The submission of counsel for the Petitioner was that the Petitioner’s foetus was more than 24 weeks in age and that she should be permitted to carry out the termination in view of the abnormalities of the foetus and the risk involved for the Petitioner who was suffering from severe health conditions.

FINDINGS OF THE COURT: The court remarked that the conditions described clearly constituted ‘substantial foetal abnormalities’ which could have an impact on the physical condition of the foetus even if the entire pregnancy was allowed to mature. This would have a deleterious impact on the mother as well. Since the Amendment Act, 2021 had already been notified and in view of the settled legal position in the various judgments which have been set out herein above, the Court was of the opinion that the termination of pregnancy ought to be permitted even beyond the 24 weeks period. The Petitioner was accordingly permitted to undergo the procedure for medical termination of her pregnancy at the B.L. Kapoor Hospital

JUDGEMENT REVIEWED BY – AMRUTHA K

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