Bombay High Court Allows 32-Year-Old Woman To Terminate 26-week Pregnancy

The Bombay High Court has permitted a 32-year-old woman to medically terminate her 26-week pregnancy after a medical report stated that the foetus is diagnosed to have cardiomegaly (heart enlargement) with pericardial effusion (fluid buildup in the sac around the heart) with two-degree heart block.

A bench of Justices Revati Mohite-Dere and Gauri Godse, on August 25, granted permission to the woman to undergo Medical Termination of Pregnancy (MTP).

The Bombay High Court was hearing the plea filed by the woman seeking the constitution of a medical board to assess the foetal anomalies and allow her to undergo MTP after the board’s report.

Foetal anomalies

On August 23, the Bombay High Court directed the JJ Group of Hospitals to form a medical board as per the provisions of the Medical Termination of Pregnancy (Amendment) Act, 2021, read with the Medical Termination of Pregnancy Act to evaluate the woman's condition.

A board was constituted which submitted a report highlighting the foetal anomalies. It was also of the opinion that the “petitioner is fit for termination of her pregnancy, both, physically and mentally”.

Petitioner allowed to terminate pregnancy

The Bombay High Court then permitted the woman to undergo MTP saying, “Considering the aforesaid, we allow the petitioner to go to any hospital of her choice, having adequate facilities for conducting the said procedure, expeditiously.”

Nonetheless, the bench in its order recorded that if the woman gives birth to a live child and does not wish to keep the child then the state government would step in and take care of the child.