Bombay HC Allows Physically & Mentally Disabled Woman to Undergo Medical Termination Of Pregnancy

Mumbai: The Bombay High COurt has permitted a 25-year-old survivor, who is physically and intellectually disabled, to medically terminate her 29-week pregnancy.

The court permitted her to terminate the pregnancy following a report from the medical board which was in favour of the medical termination of pregnancy (MTP) considering the physical and mental condition of the woman.

“Considering the Medical Report, we deem it appropriate to permit the petitioner who is victim of sexual assault and is also suffering from physical and intellectual disability, to terminate her pregnancy of 29 weeks. Accordingly, the petitioner is permitted to get Medical Termination of Pregnancy (MTP) done either in Chhatrapati Pramilatai Raje Hospital, Kolhapur or any other Government Hospital,” said a division bench of Justices Revati Mohite-Dere and Gauri Godse.

The HC was hearing a plea filed by the father of the 25-year-old survivor seeking to terminate the pregnancy caused by rape. The HC, on October 5, directed the government to establish a medical board to assess the woman’s condition.

The report was submitted the following day which said that the woman is suffering from cerebral palsy with paraparesis at 50% and mild intellectual disability at 50%. It further stated that continuing the pregnancy at 29 weeks, resulting from an alleged rape, could seriously harm her mental health.

Doctors Recommended Termination Of Pregnancy

The doctors recommended terminating the pregnancy, citing the woman’s intellectual disability, which would hinder her ability to care for a newborn. It noted that continuing the pregnancy posed a high health risk to the victim, necessitating operative intervention.

The bench accordingly permitted the woman, on October 9, to medically terminate her pregnancy.

In case a live child is born, the bench has clarified, that its responsibility would fall upon the state government, given that the petitioner was a victim of sexual assault.

The court has also directed the government to submit a report on October 13 “with respect to the condition of the petitioner as well as the child born”.