Case Note & Summary
The petitioner, a pregnant woman in her 32nd week, approached the Bombay High Court seeking permission for medical termination of pregnancy. A routine sonography at 29 weeks revealed serious foetal anomalies including microcephaly and lissencephaly, with mild uteroplacental insufficiency. The Medical Board at Sassoon General Hospital, Pune, confirmed the diagnosis but denied termination due to advanced gestation, noting the conditions were not life-threatening. The petitioner, from a humble background with financial constraints, argued she could not provide the extensive care required for such a child. The High Court, in an interim order dated 13th January 2023, directed the Medical Board to reassess, specifically addressing whether the infant would require lifelong medical intervention and the associated costs, and to evaluate the mother's physical and mental health. The Board's subsequent opinion confirmed substantial abnormalities and opined that continuation posed a risk to the mother's mental health. Relying on Section 3(2-B) and Section 5 of the Medical Termination of Pregnancy Act, 1971, the court allowed the termination, holding that the substantial foetal abnormalities and the risk to the mother's mental health justified the procedure beyond the 24-week limit. The court emphasized the mother's right to reproductive autonomy and the need to consider her financial and emotional capacity to care for a child with severe disabilities.
Headnote
A) Medical Termination of Pregnancy - Substantial Foetal Abnormalities - Section 3(2-B), Section 5 Medical Termination of Pregnancy Act, 1971 - The petitioner sought termination of pregnancy at 32 weeks due to foetal anomalies (microcephaly, lissencephaly) detected at 29 weeks. The Medical Board initially denied termination due to advanced gestation. The High Court, after considering the mother's mental health and financial constraints, directed a fresh medical board opinion and ultimately allowed termination, holding that the risk to the mother's mental health and the substantial abnormalities justified termination beyond 24 weeks. (Paras 1-10) B) Medical Termination of Pregnancy - Medical Board Opinion - Section 3(2-B) Medical Termination of Pregnancy Act, 1971 - The court directed the Medical Board to specifically address whether the infant would require extensive lifelong medical intervention and the associated costs, and to assess the mother's physical and mental health. The Board's subsequent opinion confirmed substantial abnormalities and risk to mother's mental health, leading to the court's permission for termination. (Paras 4-8) C) Medical Termination of Pregnancy - Right to Reproductive Autonomy - Section 3(2-B), Section 5 Medical Termination of Pregnancy Act, 1971 - The court recognized the petitioner's right to reproductive autonomy and the need to balance foetal viability with the mother's health and well-being. The court held that the mother's mental health and financial inability to care for a child with severe disabilities constituted a valid ground for termination. (Paras 9-10)
Issue of Consideration
Whether a pregnancy beyond 24 weeks can be terminated under the Medical Termination of Pregnancy Act, 1971, when the foetus has substantial abnormalities that are not immediately life-threatening but would require extensive lifelong care, and continuation poses a risk to the mother's mental health.
Final Decision
The High Court allowed the writ petition and permitted the medical termination of the petitioner's pregnancy, directing the Medical Board at Sassoon General Hospital, Pune, to carry out the procedure in accordance with law.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3(2-B)
- Section 5
- substantial foetal abnormalities
- risk to mother's mental health
- advanced gestation
- medical board opinion
- right to reproductive autonomy
