Court Upholds Mother’s Right to Decide on Pregnancy

The Madras High Court has permitted a woman to terminate her pregnancy beyond 24 weeks after medical scans revealed significant foetal abnormalities, emphasising the mother’s right to decide whether to continue the pregnancy. Justice P T Asha passed the order on October 15, setting aside a medical board’s decision that had refused permission for termination.

The woman approached the court after scans indicated mild foetal ventriculomegaly, a condition involving enlargement of the brain’s lateral ventricles. According to the medical records, the condition carried an increased risk of developmental complications, including speech and language delays, learning difficulties, cognitive and behavioural problems, epilepsy and intellectual disability.

Following the diagnosis, the woman and her husband decided to terminate the pregnancy. However, the medical board rejected their request, reasoning that the neurological abnormalities were not lethal. Challenging this decision, the woman approached the High Court seeking legal permission for termination.

The court observed that the scan reports clearly indicated substantial foetal abnormalities. It held that the mother had the right to make a decision, particularly when the child could face significant challenges in leading an independent and dignified life.

Court Emphasises Dignity and Long-Term Welfare of Child

The High Court acknowledged that the decision to terminate the pregnancy was a painful and difficult one for the parents. It observed that parents would have to witness the child’s suffering throughout their lives and consider the long-term implications of the condition.

The court also highlighted the importance of the unborn child’s dignity, stating that the child should not have to endure a life marked by indignity or ridicule. It further noted that the child’s future welfare after the parents’ lifetime was an important consideration.

By allowing the plea, the court set aside the medical board’s refusal and recognised the parents’ concerns regarding the potential consequences of the foetal abnormalities.

The ruling highlights the complex legal and ethical questions surrounding late-term medical termination of pregnancy, including reproductive autonomy, medical assessments and the dignity and future welfare of the unborn child.