Express News Service
NEW DELHI: The Delhi High Court on Tuesday allowed a married woman to medically terminate her 33-week-old cerebral abnormal foetus, recognising the mother’s choice as ultimate decision in such cases. In the 33-page order, Justice Prathiba M Singh noted there is considerable doubt and risk involved in the unborn child’s chances of leading a dignified and self-sustaining life.
“The lingering question as to whether the child would be self-sustaining or not, tilts the court’s mind in favour of the plea of the petitioner,” the order said. The court said that it has clearly been able to gauge the mental trauma affecting the parents, their economic and social conditions, and also the fact that the petitioner is taking a cautious and well-informed decision.
“She has understood as to what termination of pregnancy entails at such an advanced stage. This court is convinced that, as a mother, she has weighed the same with the unpredictability and the risks involved, considering the condition of the foetus,” it said.
The court also observed that the medical board, in the present case, has not been able to predict or give a categorical opinion on the degree of handicap or the quality of life of the child after birth, with certainty. In the mind of the court, such unpredictability and risks ought to weigh in favour of the woman seeking termination of pregnancy, it added.
Mother’s choice ultimate, says court
The court said the right of a woman to terminate her pregnancy has been a matter of debate across the world. This right gives the woman the ultimate choice as to whether she wants to give birth to the child she has conceived. “India is among the countries which recognises this choice of a woman in its law,” it said
NEW DELHI: The Delhi High Court on Tuesday allowed a married woman to medically terminate her 33-week-old cerebral abnormal foetus, recognising the mother’s choice as ultimate decision in such cases. In the 33-page order, Justice Prathiba M Singh noted there is considerable doubt and risk involved in the unborn child’s chances of leading a dignified and self-sustaining life.
“The lingering question as to whether the child would be self-sustaining or not, tilts the court’s mind in favour of the plea of the petitioner,” the order said. The court said that it has clearly been able to gauge the mental trauma affecting the parents, their economic and social conditions, and also the fact that the petitioner is taking a cautious and well-informed decision.
“She has understood as to what termination of pregnancy entails at such an advanced stage. This court is convinced that, as a mother, she has weighed the same with the unpredictability and the risks involved, considering the condition of the foetus,” it said.
The court also observed that the medical board, in the present case, has not been able to predict or give a categorical opinion on the degree of handicap or the quality of life of the child after birth, with certainty. In the mind of the court, such unpredictability and risks ought to weigh in favour of the woman seeking termination of pregnancy, it added.
Mother’s choice ultimate, says court
The court said the right of a woman to terminate her pregnancy has been a matter of debate across the world. This right gives the woman the ultimate choice as to whether she wants to give birth to the child she has conceived. “India is among the countries which recognises this choice of a woman in its law,” it said
