Can pregnancy be terminated? Decision on Monday

A committee of doctors appointed by the J J Hospital dean stated that there were “fair chances” of the child being born with a congenital handicap. The committee however added that “the findings observed do not have substantive significance to resort to termination of pregnancy”.

In their petition, the couple said had sought to abort the child since it would need a pacemaker right from the time of birth and the quality of its life would be poor.

For the purpose, they had sought amendment of a section of the Medical Termination of Pregnancy (MTP) Act under which the foetus can be aborted after 20 weeks only if there was a fatal risk to the mother and not the foetus.

The couple, who hail from a middle-class family, said the pacemaker, which costs about Rs one lakh has a limited life of about five years. Changing the pace maker every five years was not economically viable for the family, they said.

A Division Bench of Justice R M S Khandeparkar and Amjad Sayed hearing the petition observed that they could not alter the provision of the MTP Act.

“It is the job of the legislature to help you alter the provision. We cannot legislate the provision,” Justice Khandeparkar observed. The petition has been kept aside for hearing in the afternoon session today.

The petitioners are likely to submit a report conducted by independent medical experts on the matter.