The Bombay High Court has allowed a woman to terminate her pregnancy in the 28th week after her foetus was diagnosed with serious anomalies and doctors opined there was a “substantial risk of serious physical handicap with very high morbidity and mortality”.
A vacation bench of justices AK Menon and NR Borkar was hearing a petition filed by a woman seeking permission under the Medical Termination of Pregnancy (MTP) Act, which permits termination until the 20th week. Beyond that, permission has to be sought from the HC.
Following the petition, the HC, on May 5, had directed to constitute a medical board to examine her and submit the report. According to her plea, a foetal anomaly was detected on May 2 during a regular scan. The doctor at the Nowrosjee Wadia Maternity Hospital opined that the foetus suffers from several issues such as “left congenital diaphragmatic hernia with stomach and small bowel as content with mediastinal shift to right”. Prognosis is described as “guarded” to “poor”, according to the report.
After going through the report, the HC noted that medical termination is advised. The judges also spoke to the petitioner’s husband after reading the report to him. He, too, consented and supported the decision.
The court has said that in case the “child is born alive and if the parents of the child are not in a position to assume the responsibility of the child, then the state and its agencies shall assume full responsibility for the said child and offer such medical facilities as may be required.”