In a significant ruling, the Bombay High Court has granted permission for the medical termination of a 26-year-old woman’s pregnancy at 35 weeks. The court’s decision was based on a medical board report from J J Hospital, which confirmed severe fetal anomalies that rendered the baby “incompatible with life.”
Last month, the woman discovered that her fetus suffered from congenital macrocephaly—an abnormal enlargement of the head—accompanied by a serious brain defect. The medical board’s report highlighted the likelihood of the baby experiencing drug-resistant seizures, intellectual disabilities, severe weakness, vision impairment, and developmental delays. Additionally, there was a risk of the fetus being born alive, necessitating neonatal intensive care (NICU) support.
Considering the woman’s reproductive rights, bodily autonomy, and the medical board’s assessment, Justices Revati Mohite Dere and Neela Gokhale granted approval for the medical termination of pregnancy (MTP). The court cited the guidance note issued by the Union government in August 2018, which has been adopted by the Maharashtra government, as reported by the TOI.
Legal Basis for Termination
Advocate Meenaz Kakalia, representing the woman, referenced Clause V (c) of the guidance note, which allows the cessation of the fetal heartbeat via an ultrasound-guided procedure for pregnancies beyond 24 weeks. This provision ensures that the fetus is not delivered alive in such critical cases. The court directed the authorized medical practitioner to proceed with the MTP if deemed necessary.
This ruling underscore the judiciary’s recognition of reproductive rights while ensuring that legal and medical guidelines are adhered to in complex pregnancy cases.
