Bombay HC grants permission for abortion in 28th week of pregnancy

The bench took note of the argument by petitioners lawyer Meenaz Kakalia that if the abortion was not allowed, not only the child will be born with abnormalities, but forcing the woman to continue with the pregnancy will cause her much trauma and affect her mental health, and thereby her constitutional right to life

Bombay HC grants permission for abortion in 28th week of pregnancy

Today in Mumbai, the Bombay High Court today allowed a woman to terminate her 28-week pregnancy, taking into consideration among other things, the mental trauma she was likely to suffer as her foetus was found to have severe abnormalities.

While the Medical Termination of Pregnancy (MTP) Act does not allow termination of pregnancy after 20 weeks if the foetus has abnormalities, the court has made an exception in view of possible risks to the health of the child, and the trauma the mother would suffer.

The bench took note of the argument by petitioners lawyer Meenaz Kakalia that if the abortion was not allowed, not only the child will be born with abnormalities, but forcing the woman to continue with the pregnancy will cause her much trauma and affect her mental health.

In the present case, while a board of doctors from the government-run JJ Hospital confirmed in a report on January 3 that the foetus had severe brain and cardiac deformities and its stomach was not seen yet.

While speaking to My Medical Mantra the petitioner’s lawyer, advocate Meenaz Kakalia said, “The HC has allowed the petitioner to terminate her pregnancy. As the mother is likely to suffer trauma after the child’s birth. court has accepted our argument.”

Beyond 20 weeks, the law makes exceptions only if the continuation of pregnancy poses a threat to mother’s life.