On Tuesday, the Delhi High Court, while hearing a petition seeking permission for abortion, said that the decision of the mother will be paramount. Along with this, the court allowed the 26-year-old woman to abort her 33-week pregnancy. The Delhi High Court has said that the mother has the final say in cases of pregnancy involving fetal abnormalities. The woman had sought permission to terminate the pregnancy at 33 weeks due to some neurological abnormalities in the foetus.
Justice Pratibha M. Singh said that while the right of a pregnant woman to have an abortion is becoming a matter of debate across the world, India recognizes a woman's choice in its law. The court said that in the case of abortion, the opinion of the medical board is very important to assist the courts. Such opinion cannot be refuted. They should be comprehensive in nature. The Court also said that in such cases it is also important to take swift action with qualitative reports. There should be certain standard factors on which opinion should be given by the board. Along with this, the court allowed the woman to have an abortion in Lok Nayak Jayaprakash.
Abortion is legal in India under the Medical Termination of Pregnancy Act (MTP Act 1971), which was later amended. Every woman has the right to abortion. Earlier abortion was allowed for 20 weeks, but in the year 2021 this law was changed. Now abortion is allowed up to 24 weeks. Apart from this, in some special cases, permission can be taken for abortion even after 24 weeks.