Bombay HC permits 32-year-old woman to terminate 26-week pregnancy due to foetal anomalies

Bombay High Court. File Pic

The Bombay High Court (HC) has granted permission to a 32-year-old woman to terminate her 26-week pregnancy at a private hospital of her choosing, citing her fundamental rights to reproductive freedom, bodily autonomy, and personal choice.

A division bench consisting of Justices Revati Mohite Dere and Neela Gokhale ruled in favour of the petitioner, allowing the medical termination of pregnancy (MTP) to proceed, provided the chosen hospital submits an affidavit affirming its compliance with all legal requirements under the Medical Termination of Pregnancy (MTP) Act.

According to PTI, the MTP Act prohibits termination beyond 24 weeks in private hospitals unless expressly permitted by the court. The high court, in its order dated 28 March, stated:"Conscious of the petitioner's right to reproductive freedom, her autonomy over her own body, and her right to choice, and having considered the medical condition of the petitioner, we permit the petitioner to terminate the pregnancy medically."

The decision of the Bombay HC came after the woman's plea sought to ensure that the termination procedure included foetal heartbeat reduction to prevent the baby from being born alive. The bench, however, directed the state-run JJ Hospital's medical board to provide an expert opinion on the most appropriate method for carrying out the termination.

The petitioner, a Mumbai resident, had requested to undergo the procedure at a private hospital. Her legal counsel, advocate Meenaz Kakalia, argued that as long as the chosen medical facility met the requirements outlined in the Medical Termination of Pregnancy (Amended) Rules, the termination could be conducted.

According to PTI, the petitioner discovered a foetal anomaly during a Foetal Echocardiography scan at approximately 24 weeks of pregnancy. The scan revealed skeletal dysplasia, a severe condition associated with significant morbidity. A medical board at J J Hospital had previously assessed the case and approved the termination based on the foetal condition.

Kakalia referred to a guidance note issued by the Union of India under the MTP Act, which stipulates that foetal heartbeat cessation should be conducted to prevent live birth in such cases. She further informed the court that Maharashtra had adopted these guidelines.

The Bombay HC noted that, as per the rules, the recommendation for foetal heartbeat cessation must be explicitly stated in the medical board's report. However, the report submitted by JJ Hospital did not specify a method for termination, particularly concerning foetal heartbeat reduction.

Given this omission, the bench requested JJ Hospital's medical board to submit an opinion within two days, offering guidance on the most suitable method to conduct the termination.

"Considering that the pregnancy is at an advanced stage, we deem it appropriate to request the medical board (of the state-run J J Hospital) to give its opinion to the medical practitioner concerned within two days," the court stated.

(With inputs from PTI)