SRINAGAR: The Jammu Kashmir and Ladakh High Court has directed Lalla Ded Hospital in Srinagar to immediately constitute a competent Medical Board to examine a pregnant woman diagnosed with serious foetal abnormalities in the later stages of pregnancy and take prompt action on the board’s opinion regarding medical termination.
Justice Mohd Yousuf Wani passed the directions on October 6 while disposing of a petition filed by a married couple seeking the court’s intervention for termination of the pregnancy after serious abnormalities were detected at nearly 32 weeks of gestation.
The court directed the hospital’s Medical Superintendent to ensure that the woman is examined by a Medical Board constituted in accordance with the Medical Termination of Pregnancy (MTP) Act, 1971, and that any termination recommended by the board is undertaken at the earliest through an approved medical procedure, subject to the required formalities and medical protocols.
According to the petition, earlier scans conducted when the pregnancy was at 12 weeks and six days on May 8, 2026, and 21 weeks and four days on July 26 had not detected any gross congenital abnormality.
However, an ultrasound examination on September 24, when the pregnancy had reached 31 weeks and six days, revealed polyhydramnios, a large cystic structure in the foetal lumbar spine measuring approximately 83 × 72 × 82 mm, mild ventriculomegaly and findings suggestive of Arnold Chiari Type-II malformation.
A foetal MRI conducted on September 25 subsequently confirmed a large posterior spinal defect with a cystic sac measuring approximately 6.0 × 6.5 × 8.3 cm, consistent with open spinal dysraphism with a large myelomeningocele.
The petition stated that consultations at Government Medical College (GMC), Anantnag, and Lalla Ded Hospital, Srinagar, corroborated the abnormalities. Medical records dated September 29 recorded that the parents had been informed about the prognosis concerning morbidity and mortality, with the decision on the mode and timing of termination to be taken in consultation with the obstetrician.
The couple argued that the delay in seeking termination was not attributable to the woman, as the serious abnormalities had not been detected in earlier scans despite regular antenatal care. They sought the constitution of a Medical Board to assess the condition and recommend further action.
During the hearing, the government’s counsel submitted that the MTP Act and the Rules framed in 2003 provided a mechanism for dealing with such cases and proposed that the woman be examined by a competent Medical Board at Lalla Ded Hospital.
The High Court referred to Section 3(2-B) of the MTP Act, which provides that the usual gestational limits do not apply to termination necessitated by substantial foetal abnormalities diagnosed by a Medical Board. It also referred to Section 5, which provides an exception where termination is considered immediately necessary to save the pregnant woman’s life.
The court further directed that, if the baby is born alive following the procedure, immediate treatment in a neonatal intensive care unit must be provided within the hospital.
Expressing concern over the handling of such cases, Justice Wani observed that medical practitioners, particularly those working in associated hospitals of medical colleges and district hospitals, were not adequately discharging their statutory responsibilities under the MTP Act and the 2003 Rules in justified cases.
The court said this could leave distressed women with no option but to approach the judiciary for relief, adding that Medical Boards should not unnecessarily avoid attending to emergency cases where the law provides a clear framework.
A copy of the order was directed to be sent immediately to the Superintendent of Lalla Ded Hospital for compliance.
