Court suggests natural delivery with post-birth adoption as an alternative for the 18-year-old petitioner.
In a significant ruling, the Bombay High Court, comprising Justices Ravindra V. Ghuge and Abhay J. Mantri, denied the request for medical termination of a 28-week pregnancy of an 18-year-old petitioner, citing the potential risk of foeticide. The court suggested alternatives, including natural delivery followed by adoption, emphasizing the involvement of Child Welfare Committees to ensure the welfare of both the mother and the child.
The case involved a young woman who became pregnant at the age of 17 and 10 months. She sought termination of the pregnancy, arguing that it would adversely affect her future and career. However, a Medical Board from Sir J.J. Hospital, after examining the petitioner, reported that the foetus, now at 28 weeks of gestation, had no congenital abnormalities and a high probability of being born alive, requiring intensive neonatal care if delivered preterm.
The court referenced the Medical Termination of Pregnancy Act, 1971, which allows termination beyond 24 weeks only under specific circumstances, such as substantial foetal abnormalities or threats to the life of the mother, neither of which applied in this case. Emphasizing the Supreme Court's stance in similar cases, the bench highlighted that the law prioritizes the safety and life of the pregnant woman, while also considering the viability of the foetus.
In its judgment, the court encouraged the petitioner to proceed with the pregnancy, suggesting that the child could be handed over for adoption post-delivery. The court directed local Child Welfare Committees to assist the petitioner throughout her pregnancy, including providing necessary medical care and psychological support, with expenses borne by the State. This support would extend to facilitating the adoption process after the child's birth.
The decision underscores the court's adherence to legal frameworks concerning late-stage pregnancy terminations while addressing the social and psychological dimensions of unwanted pregnancies. The petitioner’s legal representatives have indicated plans to challenge the ruling in the Supreme Court, seeking reconsideration of the termination request.
Bottom Line:
Medical Termination of Pregnancy - Permission refused for termination of pregnancy at 28 weeks gestation as it would amount to foeticide - Court suggested alternatives including the involvement of Child Welfare Committees and adoption of the child post-delivery.
Statutory provision(s): Medical Termination of Pregnancy Act, 1971 Sections 3(2), 3(2-B), 5
A (Mother of X) v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2845954
