‘With a heavy heart’: Karnataka High Court allows woman to terminate 32-week pregnancy over foetal abnormalities

The woman filed a petition, through Advocate Ravishankar G S, seeking the court’s permission to terminate her pregnancy. She said no abnormalities were detected in the ultrasound scan conducted in April, but after the May scan, doctors informed them about the serious neurological defects suffered by the unborn child.

By an interim order dated May 29, the court directed the constitution of a medical board for examining the mother and the foetus.

In its order, the bench noted the opinion of the medical board, which stated, “The paediatrician’s opinion was that the patient can be taken in for the procedure, provided it is cleared by the medical board. The radiologist categorically opined that the child may suffer significant neurological disabilities and may be a financial burden on the parents, and hence it can be considered for MTP, if parents desperately want it to and if other board members also consider it”.

“The anaesthetist and obstetrician had opined that the patient could be taken for the procedure. The final opinion of the board is that medical termination can be considered for the patient.”

The bench asked her husband, who appeared in the court, to explain their decision to terminate the pregnancy. The man submitted that the decision was based on the opinions of two doctors whom they consulted, and that, had the reports been normal, they would not have intended to terminate it. Moreover, he said, the decision was in their best interest as well as that of the unborn child.

Referring to the Supreme Court decisions, the bench noted that medical termination of pregnancy has been held by the top court as a right vested with the mother and equated to the autonomy of her body. “Constitutional courts cannot overlook the decision made by a citizen when the said citizen approaches the court due to no remedy being available under the statute,” said the bench.

The bench noted that the statute provides for medical termination of pregnancy without court interference so long as the foetus is 22 weeks old.

“It is only when the foetus crosses 24 weeks that the woman could have approached the medical board directly or this court seeking permission. In the present case, unfortunately, only when the scan was carried out in May, when the pregnancy was 32 weeks old, were the abnormalities found. The petitioner approached the court, and they have been confirmed by the medical board,” the bench added.

Following this, the court allowed the petition and permitted the woman to terminate her pregnancy at the hospital indicated in the petition. The court also directed the state government and the hospital to act on the operative part of the order. The detailed order will be available later.