Anushka Sharma –
Published On: October 9, 2021 at 10:30 IST
The Bombay High Court allowed the medical termination of a 26-week pregnancy, even after the fetus was declared healthy and it posed no risk physical or otherwise for the 18-year-old.
Following a complete medical examination at JJ Hospital by a panel of doctors, the woman had sought permission for abortion citing that she was unmarried and she cannot carry the pregnancy full term. This was done in pursuance of the previous direction of the High Court.
Doctors had informed the Court that the fetus was healthy and did not pose any life risk to the woman, who had a mild case of depression which can be treated and it will not harm the woman physically or otherwise.
The current Medical Termination of Pregnancy Act does not allow termination of pregnancy beyond 20 weeks unless it poses a health risk for the mother and the fetus.
An Amendment that is yet to be implemented extends the time frame to 24 weeks.
Other appellate Courts including the Bombay High Court have battled for women’s mental health issues and have previously allowed termination of pregnancy beyond 20 weeks if the condition posed any risk to their mental health on the advice of a medical panel.
The Court took into account the socio-economic condition of the woman who was unmarried and had three unmarried siblings. Her mother is a vegetable vendor and her father is an auto rickshaw driver.
The Bench remarked, “In deciding whether continuance of the pregnancy would involve risk of injury to the health of the pregnant woman, account may be taken of the pregnant woman’s actual or reasonably foreseeable environment.”
The Court also said that in light of the circumstances as mentioned above, compelling the Petitioner, a girl of tender age, to have an unwanted child may lead to disastrous consequences for the rest of her life and also her family.
The Court also stated that the above factors were not taken into consideration by the medical board when it submitted the medical report.
The Court allowed the termination to be carried out at the Government-run JJ Hospital.
Also Read: Medical Termination of Pregnancy (Amendment) Act, 2021– An Analysis
Bombay HC permits Minor Rape Victim to terminate 29 week pregnancy
