Mumbai: The Bombay high court has allowed a 24-week pregnant woman to terminate her pregnancy. While allowing her petition, the court considered the opinion of the medical board set-up by them to conduct a test of that woman. The report stated that the foetus has a serious neurological disease.
A division bench of Justice Shantanu Kemkar and Justice Makarand Karnik have observed, “If the woman is allowed to give birth to the foetus, there is substantial risk of serious physical handicap”. According to the petitioner, her pregnancy has gone beyond the ceiling period of 20 weeks. The Medical Termination of Pregnancy Act bars the abortion of over 20-week-old pregnancies, unless allowed by courts.
The petitioner had submitted a medical certificate issued to them by Dr. Krishnakumar Shah, a child specialist and paediatric neurologist who talked about a serious neurological problem to the foetus.
On February 21, the court referred the matter to the medical board of J.J. hospital for an opinion and directed the petitioner to pay the examination fees.
After perusing the report given by medical board, the court said that “In view of the above peculiar circumstances and having due regard for the fundamental right conferred on the petitioner under Article 21 of the constitution of India to live a life of dignity, it will be appropriate and in the interest of justice to permit the petitioner to undergo the medical termination of pregnancy under the provision of the medical termination of pregnancy act 1971.”
