Mumbai: The Bombay High Court has asked the state medical board to opine on a woman's plea, who has sought to undergo selected foetal reduction for medically terminating her pregnancy, which is in advanced stage. During the medical procedure, the foetus' heart sound is stopped then the termination of pregnancy is undertaken. The woman also wants to get the procedure done at a private hospital, which is prohibited.
The HC had permitted her to abort the pregnancy beyond the 24th week, which isn't usually allowed, due to severe foetal abnormalities. A medical board at JJ Hospital allowed termination of the pregnancy, saying that the baby should be admitted to neonatal intensive care unit if born alive.
The woman expressed apprehension over the birth of a live child and also undergoing the procedure at a government hospital. She then filed another petition before the HC, seeking permission for selected foetal reduction at a private hospital.
Dr Nikhil Datar, a well-known gynaecologist, who is also a co-petitioner, has urged the HC to relook at certain provisions of the Medical Termination of Pregnancy Act. The plea contends that restriction of performing the procedure at a government hospital violates the woman's constitutional right to life.
Their advocate Meenaz Kakalia referred to the 'Guidance Note for Medical Boards for Termination of Pregnancy' and asserted that the selected foetal reduction plea may be considered by the medical board since an apprehension has been expressed that the foetus could be delivered alive.
She contended that all the private hospitals and clinics, which are permitted to undertake termination procedures before 24 weeks, have been vetted just like the government hospitals.
Hence, the woman should be allowed to undergo the procedure at a hospital of her choice. Opposing Kakalia, State Advocate General Birendra Saraf said that it could be construed that the particular private hospital has been approved to undertake termination procedures. The court has asked Dr Datar to meet the medical board by April 24 (today) to discuss the selective foetal reduction plea.
