Mumbai: HC Grants Permission For Minor HIV-Positive Girl To Terminate 28-Week Pregnancy Due To Foetal Abnormalities

Mumbai: HC Grants Permission For Minor HIV-Positive Girl To Terminate 28-Week Pregnancy Due To Foetal Abnormalities

The court noted that medical reports have recommended termination of the pregnancy as the girl is a minor and a victim of child marriage with HIV seropositive status.

Urvi MahajaniUpdated: Thursday, April 18, 2024, 11:10 PM IST
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Bombay High Court | File pic

The Bombay High Court recently permitted a minor girl, who is a victim of child marriage, to terminate her 28-week pregnancy as it had several abnormalities. The court also noted that the girl was HIV positive. 

The court was hearing a petition by 17-year-old girl seeking permission to terminate her pregnancy as scans had revealed that the foetus had skeletal anomalies with the possibility of genetic abnormalities.  

She approached the HC, since under the provisions of the Medical Termination of pregnancy Act, permission of court is required to terminate pregnancy beyond 24 weeks of gestation period. 

Medical Reports Detailing Foetal Anomalies And Genetic Abnormalities In HIV-Positive Minor's Pregnancy

Her plea contended that she is HIV seropositive and her foetus exhibits skeletal anomalies with the possibility of genetic abnormalities. She relied on the report prepared by the department of obstetrics and gynaecology at the BJ Medical College and Sassoon General Hospital, Pune to support her claim. 

The March 21 report stated that the ultrasonograohy performed on the girl showed foetal abnormality. “Both upper limb shows absent radius bone with hypoplastic ulna Both wrist in fixed flexed deformity. Left hand shows absent thumb right hand has 5 digits. Suggestive of radial ray anomaly type,” the report read. 

Similar report was prepared after an ultrasonography at Umarji Mother and Child Care Clinic, Pune on March 26, which also stated “possibility of genetic abnormality likely”. 

Legal Justification For Pregnancy Termination In Case Of Minor HIV-Positive Victim Of Child Marriage

The court noted that medical reports have recommended termination of the pregnancy as the girl is a minor and a victim of child marriage with HIV seropositive status. Also, it said that based on the mental and medical situation of the patient, termination is recommended. 

It also added that the girl is fit for termination of pregnancy. “Considering the fact that Medical Board has noted that Petitioner is 17 years old under age married female… with seropositive status and multiple fetal defects with highly likelihood of syndromic association, termination of pregnancy is granted on the basis of mental and medical situation of the patient, we allow the Petitioner to undergo termination of pregnancy,” a bench of Justices PD Naik and NR Borkar said on April 12. 

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