Maharashtra: A 26-year-old woman had a baby growing in her womb for 35 weeks, then she found out something like this, she went straight to the High Court, then…

A 26-year-old pregnant woman has got a big relief from the court. The Bombay High Court has allowed her to medically terminate her 35-week pregnancy. The court has allowed abortion under the process of stopping the heartbeat of the fetus.

In fact, the woman came to know last month that the child growing in her womb has serious brain problems along with congenital macrocephaly (abnormally large head). According to the Times of India report, the medical board of JJ Hospital unanimously recommended abortion. The board said that the child has serious health problems like epilepsy, mental weakness, difficulty in walking and weak eyesight. The board termed the fetus as ‘incompatible with life’ and said that if he steps into this world, he will need to be kept in NICU.

The woman had sought permission from the High Court
The woman had requested permission to allow abortion after 20 weeks, citing the Central Government’s August 2018 guideline. The court accepted the opinion of the medical board keeping in mind the reproductive rights of the woman, her bodily autonomy and her right to choose and allowed abortion.

What did the High Court say?

A bench of Justices Revati Mohite Dere and Neela Gokle said in its order, ‘As per the guidelines issued by the Central Government and the policy adopted by the Maharashtra Government, we allow the doctor to perform the MTP (Medical Termination of Pregnancy) procedure if medical experts deem it necessary.’

The woman’s lawyer Meenaz Kaklya argued in the court that the guidelines allow stopping the fetal heartbeat (through ultrasound-guided procedure) if the pregnancy is more than 24 weeks, so that the fetus is not born alive. The state government has also adopted this guideline of the Center and abortion has been allowed under this.

What is the Medical Termination of Pregnancy Law?

In India, under the MTP Act, 1971, abortion can be done without any special permission up to 20 weeks. However, between 20 and 24 weeks it can be done only after the approval of a panel of doctors in certain circumstances. Court permission is required to terminate a pregnancy of more than 24 weeks.

The court’s decision in this case is being considered an important decision towards women’s reproductive rights and freedom of medical-based abortion.