Gujrat High Court- Guidelines laid down by the Court for Medical Board Opinion on Abortion

In a landmark ruling, the Gujrat High Court issued guidelines for doctors and Medical Boards on termination of pregnancy emphasising the importance of considering both the physical and emotional well-being of the pregnant woman forming their opinion on the termination. The Court further added that guidelines are not exhaustive and that the doctors on the board are free to state any additional fact or opinion which is found necessary in the facts of each case.

The guidelines issued by the Court in its November 8 order are as follows:

(i) The registered medical practitioner or medical board must not restrict its opinion to the criteria under Section 3(2-b) of the MTP Act but must also evaluate the physical and emotional well being of the pregnant person;

(ii) the registered medical practitioner/medical board, in their report, must give their opinion on whether carrying of the pregnancy to the full term would impact upon the physical and mental well-being of the victim/ minor/ pregnant woman whose termination of pregnancy is sought for;

(iii) The registered medical practitioner/medical board should opine on whether the termination of pregnancy can be carried out at without any threat to the person whose pregnancy is sought to be terminated.