Court Cites Medical Board's Report on Fetal Health and Mother's Financial Constraints in Landmark Decision
In a significant judgment, the Bombay High Court has authorized the termination of a pregnancy beyond the statutory limit of 24 weeks, taking into account the severe anomalies detected in the fetus and the financial incapacity of the petitioner to afford necessary post-natal care. The court's decision was based on the detailed report submitted by the Medical Board of District Hospital, Raigad-Alibag, which included expert opinions from various medical specialists such as a gynaecologist, obstetrician, physician, radiologist, pediatrician, anaesthetist, psychiatrist, and psychologist.
The petitioner, a married woman in her 26th week and 11th day of pregnancy, approached the court seeking permission to terminate her pregnancy after a sonography revealed the fetus was suffering from congenital heart disease and short long bones, conditions indicative of Tetralogy of Fallot. The Medical Board's report highlighted that the fetus would require extensive cardiac care and multiple surgeries after birth, placing a significant financial burden on the petitioner, who belongs to a weaker section of society.
After reviewing the Medical Board's findings and considering the petitioner's circumstances, the bench comprising Justices Bharati Dangre and Manjusha Deshpande determined that the termination was in the best interest of both the mother and the unborn child. The judgment emphasized the need for compassionate consideration in cases where severe fetal health issues and the family's financial limitations intersect.
The court ordered the medical procedure to be carried out at the Civil Hospital, Raigad, where the petitioner is currently admitted. This decision marks an important precedent in the interpretation of the Medical Termination of Pregnancy Act, 1971, emphasizing the role of medical expertise and socio-economic factors in judicial determinations related to reproductive rights.
Bottom line:-
Termination of pregnancy beyond 24 weeks is permissible if the fetus suffers from severe anomalies and the Medical Board recommends termination, considering the health and financial condition of the mother.
Statutory provision(s): Medical Termination of Pregnancy Act, 1971 Section 3
XYZ v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc id # 2928686
