Delhi HC directs to constitute medical board on woman’s plea seeking termination of above 22-week pregnancy

New Delhi [India], October 16 (ANI): The Delhi High Court on Monday directed All India Institute of Medical Sciences (AIIMS) to immediately constitute a medical board to consider whether it will be safe for a woman to undergo the procedure for termination of 22 weeks 4 days pregnancy or not and also on the condition of the foetus.

The court direction came on a petition moved by a 31-year-old woman after she had decided to separate from her husband by taking a divorce.

Plea stated that right from the early stages of marriage, the petitioner was being tortured, and abused verbally, physically, mentally and emotionally by her husband at her matrimonial home.

On July 7, 2023, the husband of the petitioner for the first time committed physical assault on the petitioner, the plea stated.

The plea also said that the second instance of physical assault took place on August 10, 2023, when the petitioner was 3 months pregnant and on the said date, the petitioner came to her parental home and started staying there since then.

While hearing the plea, the bench of Justice Subramonium Prasad stated that the opinion of a Medical Board would be necessary for consideration as to whether it would be safe for the Petitioner to undergo the procedure for termination of pregnancy by a registered medical practitioner and also to ascertain the conditions of the foetus.

For this purpose, the Court is inclined to direct All India Institute of Medical Sciences, New Delhi to immediately constitute a medical board to consider whether it will be safe for the Petitioner herein to undergo the procedure for termination of pregnancy or not and also on the condition of the foetus. Let the report of the Medical Board, so constituted, be forwarded to this Court within 48 hours from today, directed the bench.

Meanwhile, the Petitioner is directed to amend the memo of parties impleading her husband during the course of the day, the court said further.

Court further noted that, in the present case, the facts are entirely different inasmuch as the Petitioner in the present case is a married lady. Moreover, she has not filed any FIR against her husband complaining of physical abuse.

She has not filed any petition for divorce or judicial separation from her husband. She has also not approached any Court under the Domestic Violence Act.

However, the ratio of the apex court is that it is the prerogative of each woman to evaluate her life and arrive at the best course of action in view of the change in material circumstances.

The apex court was of the opinion that change in material circumstance may result when a woman separates from her partner and she may no longer have the financial resources to raise the child. The apex court has included the cases of domestic violence perpetrated on a woman under Rule 3B(c) of the MTP Rules wherein a woman is permitted to terminate her pregnancy up to 24 weeks on the ground of a change of marital status during the ongoing pregnancy, further noted the court.