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Dec 5 • 31 tweets • 19 min read
Delhi High Court orders LNJP Hospital to examine 33-week pregnant woman seeking abortion by 1 PM today

report by @NarsiBenwal

barandbench.com/news/delhi-hig…
Update: Counsel for LNJP hospital appears before the court and informs that considering the advanced stage of pregnancy, the request for medical termination of pregnancy (MTP) has been rejected by medical board.
#DelhiHighCourt #MTP #pregnancy
Justice Prathiba M Singh is considering the one-page report presented to the court.
#DelhiHighCourt #MTP #pregnancy
J Singh: They are saying that they are unable to predict the degree of handicap. Are any of them online?
Counsel for the LNJP informs that no doctor is online.
#DelhiHighCourt #MTP #pregnancy
J Singh asks the petitioner woman to switch on the video.
Counsel for petitioner: The cerebral dysfunction has been identified the degree has not. It means that the child will not be normal.
#DelhiHighCourt #MTP #pregnancy
J Singh interacts with the petitioner.
#DelhiHighCourt #MTP #pregnancy
J Singh: I am wondering if she wants to say anything to the court.
Counsel: It is not for doctors to give the permission they can only give their opinion.
Court is told that one of the doctors will join the proceedings.
#DelhiHighCourt #MTP #pregnancy
Court interacts with the petitioner.
#DelhiHighCourt #MTP #pregnancy
J Singh: Another thing the doctors don't say anything about is that is there is any danger to mother. They should have said no?
#DelhiHighCourt #MTP #pregnancy
Counsel for petitioner: The risk of carrying the child is also dangerous. things can get complicated during delivery also.
J Singh: What I would suggest is tell the doctors to join at 5:30. I will come at 5:30.
#DelhiHighCourt #MTP #pregnancy
Court interacts with the petitioner and husband.
#DelhiHighCourt #MTP #pregnancy
Court is informed that this is the fourth report revealing cerebral abnormality in the fetus.
#DelhiHighCourt #MTP #pregnancy
The case will now be taken up at 5:30pm.
#DelhiHighCourt #MTP #pregnancy
Hearing resumes. A Neurosurgeon from the LNJP hospital has joined the proceedings.
#DelhiHighCourt #MTP #pregnancy
J Singh: Will the child have a normal life?
Doctor: The child will survive but we have not commented on quality of life.
#DelhiHighCourt #MTP #pregnancy
J Singh: On quality of life, you are saying it can't be predicted. What would then be the extent of surgery of the child after delivery.
#DelhiHighCourt #MTP #pregnancy
Doctor informs that the surgery can be done after 10 weeks of delivery.
#DelhiHighCourt #MTP #pregnancy
J Singh asks the court staff to contact the gynecologist dealing with the case.
#DelhiHighCourt #MTP #pregnancy
Court interacts with the gynecologist.
#DelhiHighCourt #MTP #pregnancy
J Singh: If today, the court orders the termination what would be the procedure followed and what is the risk to the mother?
#DelhiHighCourt #MTP #pregnancy
Doctor: If we do C section then the risk of anaesthesia is there.
Court: That is the normal risk?
Doctor: Right.
#DelhiHighCourt #MTP #pregnancy
Doctors are excused.
J Singh asks counsels to make their submissions.
#DelhiHighCourt #MTP #pregnancy
J Singh: The report in this case is very sketchy. In my experience, the details are generally very detailed. The problem is every day means a lot to the petitioner.
#DelhiHighCourt #MTP #pregnancy
J Singh: There is one ethical things that we are worried about. With technology a lot of things can be detected. With more advancement you will be able to do genetic tests or even IQ tests... Can it be said that we will never have a child.
J Singh: I am not taking a view either way. I am only saying are we only looking at a society which will only have perfect children... Is it only a question of means then. Should the means are provided, the parents have a choice of not having such children at all?
J Singh: The Bombay HC has permitted the termination in a similar case only after a clear finding from the medical board.
Counsel for the petitioner: so far as the law is concerned there is not bar on such termination... the anguish and pain she is facing will be a problem for them for the rest of their lives.
Court interacts with the petitioner against and asks about her concerns.
J Singh: Do you know the risks involved? Are you clear that you don't want to give birth to the child? You want abortion?
#DelhiHighCourt #MTP #pregnancy
Petitioner: The doctor told us that they will give us medicine to induce labour and not to abort.
#DelhiHighCourt #MTP #pregnancy
Order: the submissions have been made. Report of medical board has been submitted and perused. Court has also interacted with the petitioner and her husband, the neurosurgeon as also the senior specialist at LNJP. List tomorrow for orders.
#DelhiHighCourt #MTP #pregnancy

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