Bombay HC Allows Termination of 33-Week Pregnancy, Emphasizes Woman’s Right to Choose
The Bombay High Court has ruled in favor of a pregnant woman’s right to choose by allowing the termination of her 33-week pregnancy due to severe fetal anomalies. The Court clarified that the decision belongs to the woman, not the Medical Board.
Court’s Ruling on Pregnancy Termination
A division bench of Justices Gautam Patel and SG Dige emphasized:
“The right to choose is the Petitioner’s. It is not the right of the Medical Board. And it is also not the right of the Court to abrogate the Petitioner’s rights once they are found to fall within the contemplation of the law.”
Case Background
- A married woman filed a petition seeking pregnancy termination after medical reports detected severe fetal anomalies, including microcephaly and lissencephaly (conditions affecting the brain and head development).
- She argued that she would struggle to bear the financial burden of raising a child with these conditions.
Medical Board’s Opinion vs. Court’s Decision
- Following court orders, Sassoon Hospital’s Medical Board in Pune submitted a report stating that the fetal condition was treatable at government hospitals free of cost and did not recommend termination due to the advanced stage of pregnancy.
- However, Advocate Aditi Saxena argued that under Section 3 of the Medical Termination of Pregnancy (MTP) Act, 1971, pregnancy length was not a deciding factor in cases involving severe fetal anomalies.
- The Court agreed, ruling that denying termination would be a violation of the woman’s dignity, autonomy, and reproductive rights.
Court Highlights Key Legal and Ethical Concerns
The bench expressed concerns about the mental and emotional impact on the woman if she was forced to continue the pregnancy:
- The Court questioned, “Is she then to be forced to make the next decision, to give up a child in adoption?”
- It also pointed out that accepting the Medical Board’s recommendation would not only force the fetus into a life of suffering but also impose emotional trauma on the parents.
Legal Perspective on the MTP Act
The Court acknowledged that the Medical Termination of Pregnancy Act (MTP Act), 1971 was ahead of its time but must be interpreted with justice in mind rather than blindly applying its provisions.
- It ruled that the rights of the petitioner must be protected, as emphasized by the Supreme Court in previous cases.
- The Court stated:“Justice may have to be blindfolded; it can never be allowed to be blindsided.”
Final Decision
The Bombay High Court allowed the woman to terminate her 33-week pregnancy, reinforcing that the right to make reproductive choices lies with the woman, not the Medical Board or the Court.
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