New Delhi: The Supreme Court on Monday takes strict step after permitting a woman, to abort her fetus in her 26th week of pregnancy as she was suffering from severe cardiac ailments.
A bench of Justice Dipak Misra and M Khanwilkar said the procedure of termination of pregnancy should be carried out “forthwith” at the SSKM Hospital in Kolkata.
The direction came after the bench perused the report of the medical board and the SSKM Hospital, which advised the termination of pregnancy on the grounds that the mother would suffer “severe mental injury” if the pregnancy is continued and the child, if born alive, has to undergo multiple surgeries for severe cardiac ailments.
The bench said “Keeping in view the report of the medical board, we are inclined to allow the prayer and direct medical termination of pregnancy of petitioner.”
The woman and her husband had approached the apex court seeking permission to abort her fetus on grounds of abnormalities which could be even fatal to her.
They have also challenged the constitutional validity of section 3(2) (b) of the Medical Termination of Pregnancy (MTP) Act which prohibits abortion of a fetus after 20 weeks of pregnancy.
The apex court had earlier took on record the report of a seven-member medical board set up by the West Bengal government on its direction and asked the woman to examine the report on her health and apprise it of her stand.
The court, on June 23, had ordered setting up of the medical board of seven doctors of the SSKM Hospital to ascertain certain aspects relating to the health of the woman and her 24-week fetus and submit a report.
The couple, in the plea, had attached a report suggesting that the fetus suffered from serious abnormalities, including cardiac issues. This report had said if the birth was allowed, the baby may not survive even the first surgery and, moreover, the foetus could be fatal to the mother as well.
The court had on June 21 sought responses from the Centre and West Bengal government on the plea. The petition has said that the woman had suffered immense mental and physical anguish after coming to know of the abnormalities on the 21st week of her pregnancy.
This petition challenges the constitutional validity of section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971 (MTP) restricted to the ceiling of 20 weeks stipulated therein.
“This challenge is to the effect that the 20 week stipulation for a woman to avail of abortion services under section 3(2) (b) may have been reasonable when the section was enacted in 1971 but has ceased to be reasonable today where technology has advanced and it is perfectly safe for a woman to abort even up to the 26th week and thereafter,” it said.
The plea has said the determination of fetal abnormality in many cases can only be done after the 20th week and, by keeping the ceiling artificially low, women who obtain report of serious fetal abnormalities after the 20th week have to suffer excruciating pain and agony because of the deliveries they are forced to go through.
