HC gives nod to termination of pregnancy during lockdown

Saurabh Malik

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Tribune News Service

Chandigarh, April 24

Coming to the rescue of a woman seeking termination of pregnancy during the Covid lockdown period after the foetus showed symptoms of Down syndrome, the Punjab and Haryana High Court today not only allowed her plea, but also directed her to be treated as a poor patient.

Taking up her petition through video-conferencing, Justice Sudhir Mittal directed that the woman be admitted forthwith after taking all necessary precautions required due to the Covid-19 pandemic. The procedure was also directed to be performed at the earliest keeping in view the urgency involved.

Down syndrome

Referring to a report by a medical board, Justice Sudhir Mittal observed that the foetus was suffering from Down syndrome and the said abnormality was associated with severe physical and mental handicap not compatible with normal life. As such, a recommendation had been made for termination of the pregnancy as it was possible without endangering her life.

“I have been informed that the petitioners are people of limited means and are unable to afford the procedure. Thus, the respondent-medical institute is directed to treat the case as one of a poor patient and give all assistance available for such patients as per policy,” Justice Mittal added. Referring to a report by a medical board, Justice Mittal observed the foetus was suffering from Down syndrome and the said abnormality was associated with severe physical and mental handicap not compatible with normal life. As such, a recommendation had been made for termination of the pregnancy as it was possible without endangering her life.

“The recommendation is based on internationally recognised medical guidelines, according to which, termination of pregnancy beyond 22 weeks can also be safely done. As the procedure sought by the petitioners is safe, even though the statutorily prescribed period is over and in view of a similar judgment of this court… I consider it appropriate to direct the respondent-institute to terminate the pregnancy as recommended by its permanent medical board,” Justice Mittal added.

The HC had directed a medical board to clearly give opinion as to whether the termination of pregnancy would be feasible in the facts and circumstances of the present case and legal requirements.