Mumbai: The Bombay High Court on Monday permitted a 28-year-old woman to medically terminate her pregnancy, as her 25-week-old foetus has neurological and skeletal abnormalities, making the baby’s survival doubtful, and possibly harmful to the mother.
A Division Bench comprising Justices Shantanu Kemkar and G.S. Kulkarni was hearing a plea filed by the Jogeshwari-based woman, who moved the court on November 2 seeking permission to terminate her pregnancy of 25 weeks and six days. This is beyond the 20 weeks permitted by the Medical Termination of Pregnancy (MTP) Act.
Her plea, filed by advocate Meenaz Kakallia, claims she has suffered immense mental and physical anguish due to the 20-week restriction under section 3 of the Act, when pregnancies may be terminated by medical practitioners. It also claimed that it is safe for to abort a foetus in the 26th week, or later.
On November 3, the HC directed a committee of experts from JJ Hospital to submit their opinion in the case. After conducting tests, the report was submitted on Monday to the Bench. It said, “There are multiple serious neurological and skeletal abnormalities in the foetus. There are high chances of meningits, mental retardation, paralysis of lower limbs and loss of urine and bowel control. The condition of the foetus fulfils the criteria of ‘substantial risk of serious physical handicap’ in the foetus.”
After taking the report on record, the court directed the pregnancy be terminated on Tuesday, and said, “It is very difficult for us to refuse the permission to undergo medical termination of the pregnancy. It is certain that if the fetus is allowed to born, there is a risk that it would suffer from lifelong serious physical handicap, which cannot be avoided. It appears that the baby will certainly not grow any further.”
The woman had approached the court after multiple foetal abnormalities were detected when she underwent sonography at 22 weeks and four days of gestation. The court also sought to know if the government has formed medical committees and prepared medico-legal guidelines for a permanent mechanism for the termination of pregnancies beyond 20 weeks, in exceptional cases involving rape survivors and women with abnormal foetus.
The advocate appearing for the Union government informed the HC that the government has instructed all State governments to set up district-level committees, as mandated by the Medical Termination of Pregnancy Act. — With PTI inputs
