HC asks hospital to form panel to see if 29-week pregnant woman with chronic illness can undergo abortion

The Delhi High Court has directed Safdarjung Hospital to form a medical board to ascertain if a 29-week pregnant woman, suffering from a chronic kidney disease, could undergo abortion.

Justice Sachin Datta said in case the medical board opined that the termination of pregnancy was warranted, the hospital would proceed with procedure on the 39-year-old woman.

"It is directed that a medical board be constituted at the Safdarjung hospital for the examination of the petitioner, for the purpose of assessing whether the present case qualifies for medical termination of pregnancy under the Medical Termination of Pregnancy Act (MTP), 1971," the high court said.

In its May 29 order, the court called it a matter of medical emergency in which the woman's life was in danger though no foetal abnormality was diagnosed.

The woman moved the high court seeking permission to terminate her pregnancy, which was of 27 weeks at the time, as doctors opined a serious risk to the her life if the pregnancy continued.

She moved the court as doctors expressed their inability to proceed due to the statutory restrictions under the MTP Act, limiting such procedures to 20 weeks in ordinary cases and 24 weeks in certain categories such as rape survivors.

The woman said she was undergoing treatment for her condition at a private hospital in Gurugram and she learnt about her pregnancy only on April 22.

She subsequently approached Safdarjung Hospital in the national capital and over the following few weeks, the doctors conducted a series of tests, informing her about her 27-week pregnancy on May 19 and the complications it posed.

Safdarjung Hospital was represented by senior panel counsel Farman Ali.

During the hearing, the judge interacted with a doctor of the hospital through video-conferencing when she informed about the petitioner's chronic kidney disease, warranting the termination of her pregnancy.