Bombay High Court Allows Termination of 33-Week Pregnancy, Upholds Woman’s Right to Choose
The Bombay High Court recently ruled in favor of a woman seeking to terminate her 33-week pregnancy due to severe anomalies in the foetus. Justices Gautam Patel and SG Dige emphasized that the right to choose lies with the woman, not the Medical Board or the court.
Case Background
A married woman petitioned to terminate her pregnancy after discovering severe foetal anomalies, including microcephaly and lissencephaly. She argued that she couldn’t afford the financial burden of raising a child with such conditions.
Medical Board Report
The court had previously ordered a Medical Board from Sassoon Hospital in Pune to submit a report. The board stated that the deformities could be corrected at government and major municipal hospitals free of cost and advised against termination at this advanced stage.
Court’s Decision
Advocate Aditi Saxena argued that under Section 3 of the Medical Termination of Pregnancy Act 1971, the duration of the pregnancy is not a criterion in cases of severe foetal anomalies. The court agreed, highlighting that forcing the woman to continue the pregnancy would violate her dignity, reproductive autonomy, and right to make informed decisions.
Judges’ Remarks
The bench stated, “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.”
The court expressed concerns about the future of the child and the parents’ potential trauma, questioning whether the woman would be forced to consider adoption if she couldn’t care for the child.
Legal and Ethical Considerations
The court also commented on the MTP Act of 1971, acknowledging its progressive nature but stressing the importance of applying justice to human conditions. The judges noted, “Justice may have to be blindfolded; it can never be allowed to be blindsided.”
Conclusion
The ruling underscores the importance of a woman’s right to make informed choices about her body and pregnancy, especially in the context of severe medical conditions. This decision reaffirms the judiciary’s role in upholding individual rights and ensuring justice is delivered with empathy and understanding.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
