High Court allows abortion of over 21-week-old abnormal foetus

Read Order: Parveen Bala and another v. State of Punjab and others 

LE Correspondent

Chandigarh, July 13, 2021: The Punjab and Haryana High Court has given permission for the medical termination of an over-21-week-old pregnancy as the foetus has been diagnosed with a major congenital heart defect due to which the mother is psychologically distressed.

“Prognosis for carrying on with the pregnancy is not good. However, the foetus was over 21 weeks old. Medical termination of pregnancy was thus not carried out,” a bench of Justice Lisa Gill said.

Based on the petition, the permanent medical board for medical termination of pregnancy was set up by the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh, as per a court order dated July 9, 2021. The board was asked to examine the petitioner for an evaluation for advisability of medical termination of pregnancy.

The Medical Board’s report received by the high court showed that the period of gestation was 20 weeks and 4 days with single live intrauterine foetus with cardiac malformation. The patient was psychologically distressed due to the abnormal foetus in the present pregnancy.

Keeping in view the above mentioned facts, the Permanent Medical Board recommended that the patient may undergo medical termination of pregnancy at this stage.

“Keeping in view opinion of the Permanent Medical Board for Medical Termination of Pregnancy, PGIMER, Chandigarh as above, medical termination of pregnancy of petitioner is permitted,” held the bench of Justice Lisa Gill.

“Needless to say, due care and medical treatment be made available to petitioner. It is also directed that in case petitioner needs any further care after the procedure, the same be also provided to her,” the bench held.