HC allows woman to abort 25-week foetus

Multiple abnormalities make baby’s survival doubtful

Updated - November 07, 2017 07:58 am IST

Published - November 06, 2017 09:54 pm IST - 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 resident, 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, claimed 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 said that it is safe 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 meningitis, 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.”

( With PTI inputs)

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