Woman seeks termination of pregnancy

Tribune News Service

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Chandigarh, April 22

A woman has moved the Punjab and Haryana High Court seeking the termination of pregnancy during the Covid lockdown period after the foetus showed symptoms of Down syndrome.

Taking up her plea, Justice Harsimran Singh Sethi of the High Court directed a medical board to clearly give its opinion as to whether the termination of the pregnancy would be feasible in the facts and circumstances of the present case and legal requirements.

Referring to a report of a doctor from the PGI where she was being examined during her pregnancy, her counsel told Justice Sethi’s Bench that the foetus had shown the symptoms of Down syndrome, which would result in physical as well as mental handicap to the child after birth.

Justice Sethi was also told that the pregnancy was beyond 20 weeks and its termination could not be allowed without opinion of two medical practitioners in accordance with the provisions of the Medical Termination and Pregnancy Act, 1971.

Elaborating, the counsel asserted that the pregnancy may be terminated by a registered medical practitioner, but only on the opinion of two registered medical practitioners rendered in good faith to the effect that the life of the pregnant woman would involve a risk if the pregnancy was continued or the child would suffer physical or mental abnormalities.

Appearing for the institute, counsel Amit Jhanji informed the Bench that a regular medical board had already been constituted to assess this request for termination of pregnancy. The petitioner could be examined by the medical board on Thursday. The report/recommendation of the medical board could be presented to the High Court on the next date of hearing, if directed.

The petitioner’s counsel stated that she was in a position to appear before the medical board for her medical examination. “In view of the above, let the petitioner present herself in the office of the Medical Superintendent at 11 am on April 23, who will ensure that the Medical Board, already constituted by respondent institute for the said purpose, assesses the petitioner’s request for the termination of pregnancy,” Justice Sethi added.

Before parting with the order, Justice Sethi asserted that the recommendation/report prepared by the board would be placed before the High Court in a sealed envelope.