HC allows woman to terminate 30-week pregnancy
The Bombay high court on Friday permitted a woman to terminate her 30-week pregnancy. The 33-year-old woman, from Nashik, told the court that the medical reports of the foetus showed that it had developed schizencephaly, a morbid condition incompatible with normal life often resulting in complete disability.
Upon her request to terminate the pregnancy, a division bench of justice AS Oka and justice M S Sonak have granted her the permission to undergo an abortion. Considering the condition of the foetus, the doctors of JJ hospital, Mumbai, who examined her, approved abortion even at this late stage. Earlier, a report from J J Hospital stated that the foetus had multiple abnormalities and can be terminated with court’s permission.
The woman had approached the high court earlier this week. The petitioner has told the court that as her first child has medical problems, she had been advised by her gynaecologist to undergo a Fetal Wellbeing Scan and a real-time B-mode ultrasonography of the gravid uterus. The gynaecologist told her that the foetus reflects “schizencephaly which is a morbid condition to baby incompatible with a normal life with a completely disabled child”. She added that the test reports and the consultation with the doctors say that as “the foetus is suffering from Schizencephaly there is a substantial risk that if the child is born, it would be incompatible with normal life … which will cause great physical and mental hardships to the Petitioner. The Petitioner in such circumstance if continues with her pregnancy, … would also be in danger”.
But her lawyer, Kuldeep Nikam told the court that according to Section 4 of the Medical Termination of Pregnancy Act, a woman can go for termination of pregnancy at a government or private hospital that has the approval of the state. Since there are no private hospitals in the state that has approval from the government for termination of pregnancy above 20 weeks, the court has given her permission to go to a private hospital which she may find more comfortable.
Also, considering all the situations, the medical panel recommended that it was advisable for the woman to medically terminate the pregnancy.
Source: 1. https://indianexpress.com/article/cities/mumbai/bombay-hc-allows-nashik-woman-to-terminate-30-week-pregnancy-5369236/
2. https://timesofindia.indiatimes.com/city/mumbai/30-week-foetus-with-neuro-issues-may-be-aborted-hc/articleshow/65907244.cms