Friday, March 31, 2023

Delhi High Court: Comprehensive opinion of the medical board is of prime importance in cases of medical termination of pregnancy

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The Delhi High Court while talking about some sensitive cases like termination of pregnancy, said the opinion of the medical board is of prime importance, this the opinion should be comprehensive in nature and not sketchy or fragmented.

The Single-judge bench of Justice Prathiba M Singh said that where termination of pregnancy is sought, the speed of the correct reply with the correct analysis of medical board is of great importance.

The bench,stated that there ought to be some standard factors on which the opinion should be given by the board.

The medical condition of the foetus is reported it should be given with clear lucid explanation as the technical urging are difficult to comprehend. The medical literature in some cases can be annexed along with opinion.

The medical condition of the woman is of utmost importance so the medical board should interact with the woman in a congenial manner, and assess her physical and mental condition which should be mentioned in the report. 

The Risks involved for the woman should be mentioned in the report with or without the termination.

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The court also said that the opinion should bring to the notice of the court any other relevant factor/s which may have a bearing on the case for taking the decision relating to termination of the pregnancy.

The order was passed by Justice Singh while allowing a 26-year-old married woman to undergo medical termination of pregnancy. The woman had been pregnant for over 33 weeks and approached the court after an ultrasound test found cerebral abnormalities in the foetus.

The Court allowed the plea noting that the right of a pregnant woman to terminate her pregnancy gives her the ultimate choice. 

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