Chronic kidney disease poses grave risk to 39-year-old woman; no foetal abnormality found
New Delhi: In a significant development, the Delhi High Court has termed the case of a 29-week pregnant woman with chronic kidney disease as a medical emergency, directing Safdarjung Hospital to immediately constitute a medical board to assess the possibility of terminating the pregnancy.
Justice Sachin Datta, while issuing the order on May 29, said the woman’s life was at serious risk, even though there was no diagnosed abnormality in the fetus. The court further directed that if the board finds termination necessary, the hospital must proceed with the medical termination of pregnancy (MTP) in accordance with the law.
“It is directed that a medical board be constituted at Safdarjung Hospital for the examination of the petitioner to assess whether the present case qualifies for medical termination under the MTP Act, 1971,” the court stated, according to PTI.
Statutory Limit Reconsidered Due to Medical Emergency
The woman, aged 39, approached the court after doctors refused termination due to limitations under the Medical Termination of Pregnancy (MTP) Act, which ordinarily restricts abortions to 20 weeks and, in special cases such as rape survivors, to 24 weeks.
At the time of filing the petition, she was 27 weeks pregnant. The court took cognizance of the life-threatening nature of her chronic kidney disease, which was highlighted by a Safdarjung doctor during the hearing via video-conference.
Timeline of Events
- April 22: The woman discovered her pregnancy while being treated for kidney disease at a private hospital in Gurugram.
- May 19: Safdarjung Hospital confirmed she was 27 weeks pregnant and flagged complications.
- May 29: The court passed the directive, emphasizing the medical urgency.
Legal Framework
Under the MTP Act, 1971, termination beyond 24 weeks is permitted only in cases where there is a substantial threat to the woman’s life or in cases of fetal abnormality, subject to medical board approval.
Expert Board to Decide
The Safdarjung Hospital board, now under instruction, will examine whether continuing the pregnancy endangers the woman’s life. If the board supports the termination, the hospital must act immediately to safeguard the patient.
Senior panel counsel Farman Ali appeared for the hospital in court.
Precedent and Implications
The case adds to a growing list of high court rulings where exceptions to statutory abortion limits have been granted in life-threatening maternal cases, even in the absence of fetal abnormalities.
It echoes a recent Bombay High Court verdict that allowed a 25-week pregnancy termination at a private hospital, stressing maternal well-being over statutory thresholds.
The decision once again spotlights the evolving interpretation of reproductive rights within India’s legal and medical landscape.
