"2021 amendment to MTP Act of enormous significance:" Delhi High Court allows termination of pregnancy beyond 24-weeks

The Delhi High Court recently took into account the Medical Termination of Pregnancy (Amendment) Act, 2021 to allow the termination of pregnancy beyond the 24 weeks period on account of substantial foetal abnormalities..A single-judge Bench of Justice Prathiba M Singh said that the amendments introduced in 2021 were of enormous significance, observing that under the new provisions, the length of pregnancy of 20 weeks or 24 weeks would not apply in case of substantial foetal abnormalities. .In the present case, the mother, who was over 25-weeks pregnant, was a cardiac patient. Since the mother was administered blood thinners, the foetus developed warfarin embryopathy..The Medical Board constituted under the Medical Termination of Pregnancy Act was of the opinion that the termination of the pregnancy would involve some risk to the patient, but the said risk was within the permissible limit for cardiac patients and was a risk which could be undertaken..All India Institute of Medical Sciences (AIIMS) also stated that there was no doubt that the foetus was suffering from various abnormalities, in view of which, the Medical Board had recommended the termination of pregnancy to be carried out..The counsel for the petitioner-mother relied upon the provisions of the recent amendments to the MTP Act, as contained in the Amendment Act of 2021, to argue that medical termination of pregnancy was permitted without any limitation of age if there were any substantial foetal abnormalities..The Court noted that on several occasions, termination had been permitted by the courts even beyond the 24 weeks’ period in view of the foetal abnormalities and the recent amendments were in line with these decisions.."The recent amendments in the MTP Act, 1971 have been carried out and notified, though the Rules therein, are yet to be framed, in order to facilitate the termination of pregnancy beyond the period of 20 weeks, up until 24 weeks; and in the case of substantial foetal abnormalities, even beyond the 24 weeks’ period. This is clear from a reading of the amendments carried out in Section 3 of the Act," the order said. .In view of the medical opinion and the law, the Court proceeded to allow the petitioner-mother to undergo termination of pregnancy. ."Since the Amendment Act, 2021 has already been notified and in view of the settled legal position in the various judgments which have been set out herein above, this Court is of the opinion that the termination of pregnancy ought to be permitted even beyond the 24 weeks period.".Advocate Sneha Mukherjee appeared for the petitioner. .Delhi government was represented by Additional Standing Counsel Anupam Srivastava. Advocate VSR Krishna appeared for AIIMS..[Read Order]