Bombay HC allows termination of 23-week pregnancy

Mumbai: The Bombay high court  has allowed the termination of a 23-week pregnancy as the foetus has an abnormal growth in the form of short limbs and smaller jaw apart from congenital and chromosomal disorders. This would leave the child with a serious handicap and that this disability would have a serious impact on the life of the mother and force her into a life of misery, which is against her constitutional rights.

A division bench comprising of justices Shantanu Kemkar and Makarand Karnik was hearing the writ petition filed by a Mumbai resident, seeking termination of her 23-week pregnancy due to the anomalies in the foetus, which became evident after an ultrasonography. The petitioner, through her lawyer Meenaz Kaklia, had approached the court as the pregnancy had exceeded the 20-week limit permissible by a registered medical practitioner, and as stipulated in the Medical Termination of Pregnancy Act. The court had directed the board of JJ Hospital to examine the petitioner and submit its report to the court.

The report stated that after examining the woman and perusing the USG reports and taking opinions of various experts and psychiatrists, it concluded that if the pregnancy was allowed to continue, the mother would be in stress and hence the court should permit the termination.

In the face of no objection to the petition by the state, the court ordered the termination in the interest of justice, as ‘such fundamental right as conferred on the petitioner would not allow her to lead and live a life of misery.’ It also said, that if the petitioner is allowed to give birth to foetus, there is substantial risk of serious physical handicap.