The Delhi High Court has made an important observation while allowing termination of the 28-week pregnancy. A bench of Justice Jyoti Singh said that continuance or not of the fetus is a dimension of individual liberty under Article 21 of the Constitution. The liberty to decide whether to continue or not to continue the pregnancy in view of the report of the Medical Board cannot be denied.
During the hearing, the bench observed that the lack of compatibility of the fetus with a healthy and normal life is rampant. According to medical experts, the child will need cardiac surgery at an early stage of life. According to experts, the child’s chances of physical development are low and it has also been warned that he will have to face surgery. With the said observation, the bench allowed the petitioner to abort the pregnancy.
The bench took on record that the medical board constituted in the matter had informed the couple about the possible complications of the termination process at this stage is dimension. Thus, the petitioner cannot be deprived of the liberty to take this decision.
In the present case, the fetus was suffering from various serious ailments and the woman had sought a direction to allow the fetus to be aborted.