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Delhi High Court directs Lady Hardinge Hospital to ascertain feasibility of medical termination of 23-week pregnancy

Advocate Sneha Mukherjee appearing on the behalf of the petitioner submitted that, the petitioner has been compelled to approach this Court as the amendment in the Act which was intended to permit the medical termination of pregnancies till 24 weeks in exceptional cases like the present case, has yet not been notified.

The Delhi High Court on Thursday directed the Lady Hardinge Hospital to constitute a medical board to ascertain the feasibility of medical termination of pregnancy of a woman, who has is in her 23-weeks of pregnancy.

A single-judge bench of Justice Rekha Palli has directed the Medical Superintendent of Lady Hardinge Hospital to furnish the report ascertaining the feasibility of medical termination of pregnancy of petitioner, within 4 days.

“In my view as the petitioner is already undergoing treatment at Lady Hardinge Hospital, which is also a government hospital, instead of directing the respondent no.3/AIIMS to constitute a medical board to ascertain the feasibility of medical termination of the petitioner’s pregnancy as prayed for by the petitioner, it would be appropriate that a Medical Board is constituted by Lady Hardinge Hospital itself. Accordingly, the Medical Superintendent of Lady Hardinge Hospital is impleaded as party respondent no.4.”

-Justice Rekha Palli

The petitioner has relied upon an ultrasound report to state, the foetus does not have any skull bone, has small atrophic matter (aenecephaly), deformed vertebral column and is also suffering from mild ascitis omphalocele.

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Advocate Sneha Mukherjee, appearing for the petitioner, submitted the petitioner has been compelled to approach this Court as the amendment in the Act which was intended to permit the medical termination of pregnancies till 24 weeks in exceptional cases like the present case, has not been notified yet. The matter has been listed for further hearing on October 5.

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