The Delhi High Court on Tuesday allowed a woman to terminate her 33-week pregnancy. During the hearing on Monday, the side of neurosurgeon and gynecologist was heard and the verdict was reserved.
Actually due to some problems the child could be born handicapped. The pregnancy was in an advanced stage, so the medical board of Delhi’s LNJP Hospital refused to abort. After this the woman appealed in the High Court.
The court was hearing the case of a 26-year-old woman named Pooja. Advocates Anvesh Madhukar, Pranjal Shekhar, Prachi Nirwan and Yasin Siddiqui appeared on behalf of Pooja.
First read the doctor’s statement, on the basis of which the decision was taken. The
neurosurgeon had told the court, “There is every likelihood that the child will be somewhat handicapped but will survive. The quality of life of the child cannot be estimated. But, Surgery can be done around 10 weeks after birth to deal with some complications.”
Now read what the judge said based on the rules:
- While giving the verdict, Justice Pratibha M Singh said – The court has come to the conclusion that the mother’s choice is the last. Keeping this in mind, the court gives permission for abortion. If she wants, she can get abortion done from LNJP or any hospital of her choice.
- Justice Singh said- Indian law has made it clear that it is ultimately up to the choice of a mother whether she wants to continue with her pregnancy or not.
- The court said, “In such cases a woman has to undergo a serious dilemma. With modern technology it becomes difficult to take a decision in matters like abortion.”
- The court also expressed displeasure over the medical report of LNJP Hospital. The court said that this report is incomplete.
- Justice Singh said that during conversation with the petitioner, it was learned that she knew that if she gave birth to a disabled child, she would have to undergo mental trauma.
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