MUMBAI: Bombay high court has allowed a woman’s plea for medical termination of her over-35-week pregnancy by a procedure for stopping the heartbeat of the fetus.
The woman (26) learned about the fetal anomaly last month. A J J Hospital medical board report unanimously recommended termination of the pregnancy, observing the fetus suffers from a congenital macrocephaly (abnormally large head) with a brain defect. There is a possibility of the fetus being “live-born” requiring NICU stay. It opined the baby is likely to have drug-resistant seizures, developmental delay, intellectual deficits, severe weakness, gait disturbances, poor vision “making the baby incompatible with life”.
The woman moved HC urging permission for the procedure as per the Centre’s Aug 2018 guidance note to medical boards with respect to methods of termination beyond 20 weeks of gestation.
Clause allows stopping of fetus’ heartbeat: Woman’s lawyer
Conscious of the right of the petitioner to reproductive freedom, her autonomy over her body and her right to choice, medical condition of the petitioner and having considered the findings and opinion of the medical board, the court permitted the woman to medically terminate her pregnancy.
“…In view of the guidance note issued by the Union of India and adopted by the State of Maharashtra, we permit Dr… to perform the MTP procedure as contemplated under Clause V (c) of the guidance note, if, in the opinion of the medical practitioner, it is so required…” Justices Revati Mohite Dere and Neela Gokhale directed this past Tuesday.
The woman’s advocate, Meenaz Kakalia, referred to Clause V (c) in the guidance note which, in cases of pregnancies over 24 weeks gestation, provides for stopping of fetal heartbeat (by ultrasound-guided procedure) to avoid the fetus being delivered alive. She said state govt has also adopted Centre’s guidelines and has provided for stopping the fetus’s heartbeat in such situations.