Punjab and Haryana HC allows abortion of 21-week foetus

CHANDIGARH: The Punjab and Haryana high court has allowed medical termination of more than 21-week pregnancy of a Yamunanagar woman after her foetus was diagnosed with a serious heart condition.

Although the Medical Termination of Pregnancy Act prohibits termination beyond 20 weeks of pregnancy, the HC permitted it in this case after a medical board of Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh, recommended that the foetus is likely to be affected with severe cardiac disease.

"The clear opinion given by the permanent medical board constituted at PGIMER is that the foetus has a large inlet ventricular septal defect with a small aorta. It has further been opined that the foetus has a poor neonatal/long-term prognosis as such cardiac anomaly cannot be completely repaired or corrected. In the circumstances of the present case, it would be difficult for this court to refuse permission to the petitioner to undergo medical termination of pregnancy," observed Justice Tejinder Singh Dhindsa.

The HC has also cited a Supreme Court judgment passed in the case titled 'Tapasya Umesh Pisal versus Union of India and others' wherein a prayer for medical termination of pregnancy had also been allowed in the 24th week of pregnancy as the foetus had been diagnosed with a heart ailment called 'tricuspid and pulmonary atresia'.

Justice Dhindsa has asked the director, PGIMER, Chandigarh, to get the pregnancy of petitioner terminated under the supervision of the head of the department (obstetrics and gynaecology), PGIMER, Chandigarh.

In this case, the petitioner had approached the HC seeking directions for termination of her pregnancy on the grounds that initial reports had suggested serious heart problems with her foetus.

Dr Aashima, assistant professor, obstetrics and gynaecology, PGIMER, informed the HC that in pursuance to a letter dated August 14, 2017 received from the Union ministry of health and family welfare, the premier tertiary-level government medical institutes were called upon to immediately establish the permanent medical board for medical termination of pregnancy beyond 20 weeks.

Dr Aashima informed the court that a permanent medical board already stands approved by the director, PGIMER, Chandigarh, and stands constituted.

Thereafter, the HC requested Prof Rashmi Bagga, chairperson of the permanent medical board, to get the petitioner examined during the course of the day itself and to furnish an opinion regarding her plea for medical termination of pregnancy which is beyond 20 weeks.

On July 26, the petitioner was examined by the board, which recommended termination of pregnancy at this stage as the foetus was likely to be affected with severe cardiac disease.