Bombay HC permits woman to terminate 25-week pregnancy at private hospital despite 24-week bar

“Conscious of the right of the Petitioner to reproductive freedom, her autonomy over the body and her right to choice, the medical condition of the Petitioner and having considered the findings and opinion of the Medical Board, we permit the Petitioner to medically terminate the pregnancy,” a bench of Justices Revati Mohite-Dere and Neela K Gokhale noted in the order.

“The Petitioner has indicated her desire that the delivery procedure, etc., has to be done in a hospital of her own choice. We permit her to do the same. However, the Medical institution so chosen by her shall have the requisite approval of Rule 5 of the MTP Rules,” it added.

The petitioner, through advocates Meenaz Kakalia and Shruti Kumar, had approached the HC, after which the medical board of doctors from state-run JJ Hospital examined her case. It recommended termination of pregnancy, stating that the foetus had skeletal dysplasia and other conditions, and the same has high post-natal morbidity. It said the multiple corrective surgeries would be required for severe deformities.

The panel opined that there were potential risks of infertility for the child in future and hypogonadism. The panel also said the petitioner was physically fit for termination of pregnancy.

Kakalia submitted that there was a lacunae in form A to be submitted for approval for termination as same comprises of two categories, including termination of pregnancy up to 12 weeks and that up to 24 weeks.

She added that there was no third category for termination of pregnancy beyond 24 weeks, therefore, the private hospital was unable to go on with the same, and therefore it requires HC’s approval.

She further argued that the petitioner must be allowed to undergo termination procedure of her choice as per guidance notes issued by the central government.

The private hospital also submitted an affidavit stating that it complied with the required criteria under MTP Rules and has required facilities for the same. It said it has the required approval of the Brihanmumbai Municipal Corporation to conduct termination of pregnancy.

The court allowed the plea and also permitted that petitioner’s chosen medical practitioner to perform the procedure as per guidance notes of central government.

It left the larger issue related to lacunae in form A under Rule 5 (2) of the MTP open, which will be deliberated upon during the next hearing on March 10.