Delhi High Court lays down factors for MTP

The order was passed by Justice Pratibha M. Singh, allowing a 26-year-old married woman to undergo medical termination of pregnancy.

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Justice Court
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Last Updated on December 8, 2022 by The Health Master

The Delhi High Court said that in cases of termination of pregnancy, the opinion of the medical board is of considerable importance to assist the court, and, therefore, such an opinion has to be comprehensive in nature and not sketchy or fragmented [Mrx X v GNCTD & Anr].

Single-judge Justice Prathiba M. Singh noted that in cases where termination of pregnancy is sought, the speediness coupled with the qualitative report of the medical board is of the utmost importance.

The bench, therefore, said that there ought to be some standard factors on which the opinion should be given by the board.

According to Justice Singh, the factors should include: 

Medical condition of the foetus

“While giving the scientific or medical terminologies, some explanation in layman’s terms as to the effect of such conditions ought to be mentioned.” “Alternatively, medical literature could be annexed with the opinion,” the court said.

Medical condition of the woman

“The Medical Board ought to interact with the woman in a congenial manner and assess her physical and mental condition.” “The same ought to be mentioned in the opinion.”

Risks involved for the woman

“The opinion should briefly mention what are the risks for the woman in either continuing the pregnancy or undergoing termination.”

Other factors to be considered

“The opinion should bring to the notice of the court any other relevant factor/s which may have a bearing on the case for taking the decision relating to termination of the pregnancy.”

The order was passed by Justice Singh, allowing a 26-year-old married woman to undergo medical termination of pregnancy.

The woman had been pregnant for over 33 weeks and approached the court after an ultrasound test found cerebral abnormalities in the foetus.

The Court allowed the plea noting that the right of a pregnant woman to terminate her pregnancy gives her the ultimate choice. 

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