Punjab and Haryana high court allows woman to abort 23-week pregnancy

CHANDIGARH: The Punjab and Haryana high court has allowed termination of around 23-weeks pregnancy of a woman for abnormality of the foetus that could endanger her life. HC has passed these orders on the basis of a report received from a specially constituted board of PGIMER, Chandigarh.
“Although the pregnancy of the petitioner is more than 20 weeks but since the foetus is opined to be not compatible with life and the board has recommended termination of the said pregnancy, the petition, as such, is accepted. The petitioner shall present herself before the PGIMER, Chandigarh, within next three days and upon her appearance the PGIMER shall admit the petitioner and carry out the procedure for medically terminating her pregnancy under supervision of head of department (obstetrics and gynaecology department),” HC’s Justice Gurvinder Singh Gill has ordered.
However, Justice Gill made it clear that in case, for any reason, the head of the department is not available then the procedure shall be supervised by the next senior most doctor of the department concerned. PGI has been directed to do the needful for the entire procedure and shall extend all the facilities to the petitioner as may be required.
The petitioner had sought the directions for termination of her pregnancy citing the 2017 judgment passed by the Supreme Court in the case titled ‘Sarmishtha Chakrabortty and another Versus Union of India and others’, holding that “The right of a woman to have reproductive choice is an insegregable part of her personal liberty, as envisaged under Article 21 of the Constitution – she has a sacrosanct right to have her bodily integrity”.
The matter had reached HC in the wake of a petition filed by a resident of Karnal district. The 33-year-old woman in this case was informed by the doctors on June 4 that “her foetus is incompatible with life” and needs medical termination of pregnancy (MTP). As her pregnancy was around 23 weeks, the process of MTP cannot be carried by the doctors as per the statute that prohibits termination of pregnancy beyond 20-weeks.
The petitioner had sought directions for grant of permission regarding termination of pregnancy as the child in the womb of the petitioner is under the term ‘very poor prognosis’ as opined by the doctor at PGI, which is dangerous to the life of the petitioner as well as the child in the womb.