GLIMPSE OF A LATEST VERDICT* *W.P.(C). 4117/2021* Mahima Yadav Vs. Govt. of NCT, Delhi & Ors. Dated: 06.04.2021 *Hon’ble Justice Prathiba M. Singh*

*GLIMPSE OF A LATEST VERDICT*

*W.P.(C). 4117/2021*
Mahima Yadav Vs. Govt. of NCT, Delhi & Ors.
Dated: 06.04.2021

*Hon’ble Justice Prathiba M. Singh* disposed of the Writ Petition and permitted the Petitioner to undergo the procedure for termination of pregnancy, in this matter relating to *“Medical Termination of Foetus of over 25 weeks”* and further held the following:

i) Under *Section 3(2B) of the Medical Termination of Pregnancy Act, 1971,* termination of Pregnancy is allowed under the following circumstances:
a. Where the length of the pregnancy *does not exceed 20 weeks* it is permissible on the opinion of a *single registered medical practitioner* that the pregnancy would cause *risk to life or grave injury* (physical or mental) to the pregnant woman or if there is *risk of physical or mental abnormality* if the child is born.
b. Where the length of the pregnancy *exceeds 20 weeks but does not exceed 24 weeks* it is permissible on the opinion of *two registered medical practitioner* that the pregnancy would cause risk to life or grave injury (physical or mental) to the pregnant woman or if there is risk of physical or mental abnormality if the child is born.
c. Where the length of the pregnancy *exceeds 24 weeks,* if the termination is necessitated due to a diagnosis by the *Medical Board* that the *foetus suffers from substantial foetal abnormality.*

ii) In several other matters, the Courts had allowed termination past 24 weeks. In the matter of Sharmishtha Chakraborty & Anr. v. Union of India Secretary & Ors. [W.P.(C) No. 431/2017] – the Supreme Court had deliberated and allowed termination of pregnancy in the 25th week of pregnancy since the medical report indicated that the mother would have suffered mental injury if the pregnancy was to be continued and there would be multiple problems if the child was born alive. In the matter of Nisha Suresh Aalam v. Union of India [W.P.(C) No. 929/2017] the Supreme Court had allowed termination in the 28th week of pregnancy since the foetus was suffering from multiple serious neurological and skeletal anomalies.

iii) In the present matter, since the conditions of the foetus described, clearly constitute ‘substantial foetal abnormalities’ which could have an impact on the physical condition of the foetus even if the entire pregnancy is allowed to mature and the same would have an impact on the mother as well. For that reason, the Petitioner is permitted to undergo termination. Further, the team at the B.L. Kapoor Hospital shall be given a copy of the AIIMS Medical Board’s opinion prior to carrying out the procedure.