Delhi HC allows 32-weeks Pregnancy Termination for 'Bilateral Severe Ventriculomegaly'

By: WE Staff | Tuesday, 16 July 2024

The Delhi High Court has allowed a 31-year-old woman to terminate her pregnancy over 32 weeks due to the foetus's abnormalities, posing a "substantial risk of physical and mental handicap". The court deemed the pregnancy's continuation to be a significant risk and potentially resulted in a child with severe health issues. The High Court ruled in a July 13 order that they took note of the report by AIIMS doctors that the diagnosis had a substantial foetal abnormality, posing a substantial risk to physical and mental health. The permission was granted extending the permissible period to 24 weeks under the MTP Act, 1971.

A married woman sought the High Court after ultrasound reports revealed abnormalities in her foetus. The AIIMS doctors found bilateral severe ventriculomegaly, causing severe fluid accumulation in brain cavities. The High Court was informed that the child's locomotive and intellectual capacities would be severely impaired if the child was born due to severe fluid build-up. The High Court mentions that "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 recognize 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."