Bom HC | Termination of pregnancy beyond period of 20 weeks as prescribed under Medical Termination of Pregnancy Act allowed in view of fetal anomalies

Bombay High Court: A Bench of R.M. Borde and N.J. Jamadar, JJ. allowed a petition for termination of pregnancy of the petitioner who was 24-weeks pregnant. The termination of pregnancy was allowed in view of fetal anomalies.

The petitioner was examined by Sonologist and certain congenital anomalies were reported. According to the petitioner and her husband, the continuation of pregnancy was not desirable since there was a substantial risk of the child to be born being seriously handicapped. The Court directed the Medical Board at B.J. Medical College, Pune to examine the case and file a report. In its report, the Committee opined that the “baby has fatal complex cardiac anomaly.”

Relying on its earlier decisions, the High Court observed: “Although, sub-section (2) of Section 3 of the Medical Termination of Pregnancy Act, 1971 put a cap of 20 weeks for permitting the pregnant woman  to terminate the pregnancy, on consideration of Section 5, it would be logical to conclude that the contingencies referred in clauses (i) (ii) of sub-section 2(b) of Section 3 will have to be read in Section 5 of the Act and as such in an exceptional case, the request of a pregnant woman seeking permission to terminate the pregnancy beyond 20 weeks can be considered.” In such view of the matter, the Court allowed the petition. HoD of Obstetrics and Gynaecology at B.J. Medical College was directed to carry out the termination of pregnancy forthwith.

Also, it was clarified that the doctors who had put their opinions on record shall have the immunity in the event of the occurrence of any litigation arising out of the instant petition.

It was also directed that in the event the child is born alive, the medical experts and the hospital concerned will have to assume full responsibility to ensure that child is offered the best medical treatment available in the circumstances, in order that it develops into a healthy child.

Further still, the Court directed that if parents of child are not willing to or are not in a position to assume the responsibility for child, then, the State and its agencies will have to assume full responsibility for such child and offer such child medical support and facilities, as may be reasonably feasible, adhering always to the principle of best interests of such child as well as the Statutory provisions in the Juvenile Justice Act.[Vaishali Pramod Sonawane v. Union of India, 2019 SCC OnLine Bom 932, decided on 07-06-2019]

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