Medical termination of pregnancy: Board to take decision on 25-week pregnant woman

The Bombay High Court has directed the civil surgeon at Satara Civil Hospital to constitute a medical board to ascertain feasibility of medical termination of pregnancy (MTP) of a 35-year-old woman who is 25 weeks pregnant as the foetus suffers abnormalities.

The woman’s plea stated that if she is forced to undergo full pregnancy then the child is “ bound to have a poor quality of life with a serious handicap.”

A vacation bench of MS Karnik and MM Sathaye, on Dec 28, asked for constitution of a board as per the provisions of the MTP Act, which requires permission from the court for termination of pregnancy beyond 24 weeks. The court has said that the board should include a member “who is well qualified and competent foetal specialist”. 

The HC was hearing a petition filed by the woman through her advocate Ashley Cusher. As per the plea, “Flat nasal bridge is noted (in the foetus) with prominent mandible – mid facial hypoplasia – mild form of Binder’s syndrome.” Binder syndrome is a rare congenital disease affecting the face. Also called nasomaxillary hypoplasia or maxilla-facial dysplasia, the condition results in an undergrown central face and may affect elements of the nose and upper jaw.

The bench has asked the woman to remain present at the hospital for examination on Dec 31 and the board, after her examination, has been asked to submit a report on the next date of hearing on Jan 2, 2023. 

“The MTP Act, as it stands today, compels the petitioner to suffer physical pain, bear the risk of excessive bleeding in the delivery process and compromise her mental health due to severe trauma of giving birth to an infant that is bound to have a poor quality of life with a serious handicap...” reads the plea. 

Forcing the petitioner to go through an unwanted pregnancy violates her “right to dignity and sexual and reproductive freedom” as guaranteed under the Article 21 of the Constitution of India. 

Her plea further states that it is impossible for a pregnant woman to give informed consent when she does not have sufficient time to access information on the condition and deformity of the foetus she is carrying. “Justice requires that the MTP Act be reinterpreted so as to allow women sufficient time to consider the result of the foetal abnormalities, which are available only after the 20th week,” read the plea.