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New Delhi: The Delhi High Court Thursday directed the Medical Superintendent of Lady Hardinge Hospital here to constitute a medical board to examine a woman, who is 23-week pregnant and wishes to terminate the foetus which is suffering from serious physical deformities. Justice Rekha Palli said the hospital authorities shall immediately form a medical board to examine the woman and give the report within three days and listed the plea for October 5.
The woman said she was seeking permission for termination of 23-week pregnancy because according to her latest ultrasound report, the foetus is suffering from serious physical deformities as it appears that it does not have a skull bone, besides other problems. Advocate Sneha Mukherjee, representing the pregnant woman, said she had approached the court as the amendment in the Medical Termination of Pregnancy Act which was intended to permit termination of pregnancy till 24 weeks in such cases is not yet been notified.
Presently, Section 3 of the Medical Termination of Pregnancy Act does not permit termination of pregnancy in case the period of gestation is more than 20 weeks. The counsel for AIIMS submitted that since the woman is already getting treatment from Lady Hardinge Hospital, which is also a Central government institution, a direction can be given to the hospital to form a board and examine the woman.
In January last year, the Union cabinet had approved the Medical Termination of Pregnancy (Amendment) Bill, 2020, which provides for enhancing the upper gestation limit from 20 to 24 weeks for special categories of women including survivors of rape, victim of incest and other vulnerable women, like differently-abled and minors.
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