Delhi High Court: Child’s life is on Mother’s Decision

On Tuesday, Delhi High Court stated that the choice in pregnancy cases involving fetal abnormalities is depending on the Mother, as emphasised by the medical board’s qualitative reports.

“…In conclusion, the court holds that the ultimate decision in such cases are to recognize the choice of the mother as also the possibility of a dignified life for the unborn child,…” said Justice Pratibha M. Singh.

She allowed a 26 year old married woman’s please to seek medical termination of the foetus of over 33 weeks where the foetus was having cerebral abnormalities.

This also made important the decision of the medical board wherein the termination of pregnancy is based on the same, for the assistance of the Courts.

The Hon’ble Court also said that speedy decision alongwith qualitative reports is the most important thing that should be done as much as possible.

“…The same ought to be mentioned in the opinion. The opinion should briefly mention as to what are the risks for the woman in either continuing the pregnancy or undergoing termination. Any other factors to be considered the relevant factors, which may have a bearing on the case, also ought to be mentioned,…”

“…This right gives a woman the ultimate choice as to whether to give birth to the child that she has conceived. India is amongst the countries that recognizes this choice of the woman in its law and has even expanded this right in recent time with amendments permitting the termination at an advanced stage under various circumstances,…”

The Hon’ble Court said that the emergence of modern technologies to detect the abnormalities in the unborn child/children, are going to become more complex in the upcoming future.

As far as I can argue above the same, the Court has made the amazing decision on the same. I think that the Court should empower women with such opportunities which the society is not yet ready to provide the women, especially the women of the lower classes/lower castes.

The amount of ease provided for the women is rare in this Country and their safety and mental wellbeing is the utmost important thing in today’s time and age, because they are the ones, who actually bring up the next generation and as rightly has been said by someone anonymous “Mothers are the powerhouse of knowledge that the child first receives knowledge from.”

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