New hope for women forced to give birth to stillborn babies

In a landmark order on Monday, the Supreme Court allowed a woman, in her 26th week of pregnancy, to abort her foetus suffering from severe cardiac ailments.

HIGHLIGHTS

• 1

  A woman, in 26th week of pregnancy, was allowed to abort foetus suffering from severe cardiac ailments.
• 2

  The Medical Termination of Pregnancy Act does not allow a woman to abort after 20 weeks.
• 3

  The SC is hearing a plea seeking extension of legal limit for abortion from present 20 weeks to 28.

There is new hope for the lakhs of mothers forced to give birth to stillborn babies or children with significant deformities, even when their own lives are at risk thanks to an archaic law in force.

In a landmark order on Monday, the Supreme Court allowed a Kolkata-based woman, who is in her 26th week of pregnancy, to abort her foetus suffering from severe cardiac ailments.

The 46-year-old Medical Termination of Pregnancy Act does not allow a woman to abort if her pregnancy crosses 20 weeks. Of late its being allowed by courts in rare case when there is grave threat to life of the mother or the foetus.

TERMINATION OF PREGNANCY: SPECIAL CASE

SC relied on the report of the medical board which advised termination of pregnancy as a "special case" and has said that there was a threat of mental injury to the woman if the pregnancy was continued. The doctors have advised that the infant, if born alive, has to undergo multiple complex surgeries for severe cardiac ailments and the chances of mortality were high.

Keeping in view the report of the medical board, we are inclined to allow the prayer and direct medical termination of petitioner number one (woman), a bench comprising Justices Dipak Misra and AM Khanwilkar said.

SC said the procedure of termination of pregnancy be carried out forthwith at the IPGMER SSKM Hospital in Kolkata.

The order came on a petition filed by the woman and her husband seeking permission to abort her foetus on the ground of abnormalities which could be even fatal to her. During the hearing, senior counsel Colin Gonsalves, representing the petitioners, referred to the medical board's report and said continuing the pregnancy could be grave for the woman.

AMENDMENT STILL PENDING

When the counsel appearing for the Centre said the report was based on the opinion of two gynaecologists only, the bench asked, We cannot understand why you are opposing it. There is a concept called state interest. The state interest is only to see the child and not to destroy the child, the bench said, after which the Centre's counsel said he was not opposing the prayer for termination of pregnancy. On a perusal of the report, it is clear as crystal that the medical board is of the view that there is a case for termination of pregnancy as a special case, the court said.

The long-awaited Medical Termination of Pregnancy (MTP) (Amendment) Bill, which contemplates the extension of the legal limit for abortion from the present 20 weeks to 24 weeks is pending since June 2014.

The SC is already hearing a plea seeking extension of the legal limit for abortion from the present 20 weeks to 28.

The National Commission for Women, the Federation of Obstetricians and Gynecologists of India (FOGSI), the international community, and several other women groups back the PIL, saying the Act violates women's rights to physical integrity.

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