Emphasising a woman’s right to reproductive freedom, bodily autonomy, and choice, the Bombay High Court has allowed a 32-year-old woman to terminate her 26-week pregnancy due to foetal anomalies at a private hospital of her choice.
The court has directed the medical board at JJ Hospital to provide an opinion on the most suitable method for termination after the woman sought permission to use the foetal heartbeat reduction procedure to prevent a live birth.
A division bench of Justices Revati Mohite Dere and Neela Gokhale, in their March 28 order, stated: “Conscious of the petitioner’s right to reproductive freedom, her autonomy over her body, and her right to choice, and having considered her medical condition, we permit the petitioner to terminate the pregnancy medically.”
While the Medical Termination of Pregnancy (MTP) Act does not allow terminations beyond 24 weeks in private hospitals without court approval, the HC permitted the woman to undergo the procedure at a private hospital, provided it submits an affidavit confirming compliance with MTP Act requirements.
The Mumbai-based woman, represented by advocate Meenaz Kakalia, had approached the court after a foetal EchoCardiography at 24 weeks revealed skeletal dysplasia, a condition likely to cause severe morbidity. A medical board at JJ Hospital had recommended termination based on the foetal condition observing that the fetus suffers from neurological defects which are likely to have severe defects like poor vision, intellectual disability, balance motor weakness making him/her incompatible with life.
Kakalia urged the court to allow foetal heartbeat reduction, citing Union government guidelines under the MTP Act that provide for stopping the foetal heartbeat to prevent a live birth. She also noted that Maharashtra has adopted these guidelines.
The HC clarified that under the Rules, any decision to stop the foetal heartbeat must be explicitly stated in the medical board’s recommendation. Since JJ Hospital’s report did not specify a method for termination, the court directed the board to provide its opinion within two days.
“Considering that the pregnancy is at an advanced stage, we deem it appropriate to request the medical board (of JJ Hospital) to give its opinion to the medical practitioner concerned within two days,” the court said.
