HC upholds reproductive freedom, allows ending 30-week pregnancy

MUMBAI: The Bombay high court last Friday allowed a city resident to seek medically abort her 30-week pregnancy after a medical board diagnosed the foetus to be suffering from neurological defects which were likely to have severe defect such as poor vision, intellectual disability, and balance motor weakness making the foetus incompatible with life.

A division bench of justice Revati Mohite-Dere and justice Dr Neela Gokhale was hearing a petition filed by the 29-year-old woman, who wanted to terminate her 30-week pregnancy after discovering the anomalies with the foetus.

The woman learned about the anomalies in March and was subsequently examined by a medical board of the Sir JJ Group of Hospitals and Grant Medical College. The board, after the examination, opined that the condition can be associated with poor post-natal outcome, severe mental and physical disabilities, and other anomalies. If the child was born, it will have increased risk of morbidity and mortality. The court thus permitted the medical termination and suggested NICU care in the case the foetus was birthed.

“Conscious of the right of the petitioner to reproductive freedom, her autonomy over the body and her right to choice and having considered the findings and opinion of the medical board, we permit the petitioner to medically terminate the pregnancy,” the bench said while allowing the woman’s plea.

However, before proceeding with the termination, the court has sought the medical board’s opinion on the way the termination is to be carried out since there is a possibility of live birth, in view of the guidance note issued by the Union of India for Medical Boards for termination of pregnancies beyond 20 weeks of gestation provides for stopping of foetal heartbeat that may be required to avoid the foetus being delivered alive, the court has noted.