Mumbai: A vacation bench of the Bombay High Court has permitted a 40-year-old woman, who is in remission from Stage III breast cancer, to medically terminate her pregnancy which had crossed the legally permissible limit of 24 weeks. The decision came after an independent medical board, constituted on the court’s direction, found her physically and psychologically fit to undergo the procedure.
The bench of Justices Kamal Khata and Arif Doctor passed the order based on a report submitted by the medical board at Sir JJ Group of Hospitals. “The medical experts opined that the Petitioner is fit to undergo MTP with due risk. The Petitioner’s psychological evaluation is that she is mentally anguished in continuing the pregnancy. The recommendation is that MTP should be allowed,” the court noted.
The woman, who completed aggressive treatment for breast cancer in April 2021, had approached the High Court after discovering her pregnancy during a routine check-up. An April 25 sonography revealed that she was already 23 weeks pregnant. She had undergone eight rounds of chemotherapy, surgery, and 21 cycles of radiation, and was informed at the time that the treatment might permanently impact her fertility.
Initially, on May 3, she approached the medical board at JJ Hospital as per the Medical Termination of Pregnancy (MTP) Act, 1971. However, the board declined permission on May 6, stating that there was “no lethal congenital anomaly” in the foetus.
Hence the woman petitioned the HC, citing her mental anguish, physical vulnerability, and financial instability. Her plea highlighted the continued expenses for regular medical check-ups to monitor any recurrence of cancer and the emotional burden of an unplanned pregnancy. “Continuation of pregnancy will cause grave injury to her mental health considering her past history and possible relapse,” her petition stated.
On May 11, the HC directed that an independent board be constituted to assess not just the physical condition of the woman, but also her psychological well-being.
Her advocate, Meenaz Kakalia, argued that the earlier board failed to consider the legal and constitutional aspects, particularly the woman’s reproductive autonomy. She emphasised that reproductive freedom is a fundamental right under Article 21 of the Constitution.
The vacation bench accepted the recommendation of the new medical board and allowed the termination of pregnancy.
