The Bombay High Court on Monday allowed a 20-year-old city-based woman terminate her pregnancy in the 23rd week as the foetus was detected to have severe abnormalities.
A Division Bench comprising Justices Shantanu Kemkar and Nitin Sambre was hearing a plea filed by the woman, a resident of Raigad district, seeking permission for an abortion under The Medical Termination Of Pregnancy Act, 1971, as the pregnancy had crossed its 20th week. As per the Act, medical termination of pregnancy after 20 weeks requires permission from the court.
The petitioner produced a Targeted Anomaly Scan (sonography) report dated May 10, from Drs. Farzan A. Deshmukh and A.F. Deshmukh, both consulting radiologists.
The report said as per findings, the anomalies would lead to Arnold-Chiari type II malformation.
On May 28, the court had directed the State-run JJ Hospital to form a medical panel comprising the dean and heads of the gynaecology, paediatric, cardiac, radiology, psychiatry and neurological departments to submit a report.
Based on their, the court directed that the pregnancy be terminated.
It said, “If the child is delivered, it will have permanent disability, and the pregnant woman’s rights under Article 21 (Right to Life) will be violated if termination is not allowed.”
