Case Note & Summary
The petitioners, a married couple, sought termination of the first petitioner's pregnancy of approximately 24 weeks (later determined as 23 weeks by the Medical Board) due to congenital anomalies detected by a Sonologist. The anomalies included a fatal complex cardiac anomaly. The petitioners contended that continuation of the pregnancy would result in the child suffering from serious physical and mental abnormalities, amounting to a substantial risk of serious handicap. The High Court, on 4 June 2019, directed the Medical Board at B.J. Medical College, Pune, to examine the petitioner and submit a report. The Medical Board reported that the pregnancy was 23 weeks and the fetus had a fatal complex cardiac anomaly; if the pregnancy continued, the baby would require many cardiac surgeries with high morbidity and mortality if born alive at term. The Board opined that termination was desirable. The court, relying on the Medical Board's opinion and the provisions of Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, which allows termination beyond 20 weeks if there is substantial risk of serious handicap, allowed the petition. The court directed the Dean of Sassoon General Hospitals, Pune, to terminate the pregnancy at the earliest, in accordance with law. The judgment was delivered on 7 June 2019 by a Division Bench of Justices R.M. Borde and N.J. Jamadar.
Headnote
A) Medical Termination of Pregnancy - Substantial Risk of Serious Handicap - Section 3(2)(b) Medical Termination of Pregnancy Act, 1971 - Petition by pregnant woman and her husband seeking termination of 23-week pregnancy due to fetal complex cardiac anomaly - Medical Board opined that continuation would require multiple cardiac surgeries with high morbidity and mortality - Court held that the risk of serious handicap justified termination - Petition allowed (Paras 3-5).
Issue of Consideration
Whether the pregnancy of 23 weeks can be terminated under Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, when the fetus has a fatal complex cardiac anomaly and continuation poses substantial risk of serious handicap.
Final Decision
The petition is allowed. The Dean of Sassoon General Hospitals, Pune is directed to terminate the pregnancy of petitioner No.1 at the earliest, in accordance with law.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3(2)(b)
- substantial risk of serious physical or mental handicap
- gestational age limit
- medical board opinion
- high morbidity and mortality
Case Details
2019 LawText (BOM) (06) 106
Writ Petition (Lodg.) No. 1694 of 2019
R. M. Borde, N.J. Jamadar
Mr. Prosper D'souza for petitioner, Mrs. Purnima Awasthi for respondent No.1 Union of India, Ms. P.H. Kantharia Government Pleader a/w Ms. Deepali Patankar Asstt. to G.P. for respondent State
Vaishali Pramod Sonawane and Pramod Dattatray Sonawane
Union of India, State of Maharashtra, Sassoon General Hospitals Pune, Secretary High Court Legal Services Authority
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Nature of Litigation
Writ petition seeking direction to terminate pregnancy due to fetal anomalies.
Remedy Sought
Petitioners sought termination of pregnancy of petitioner No.1 (24 weeks gestation) due to congenital anomalies causing substantial risk of serious handicap.
Filing Reason
Petitioner No.1 was carrying a fetus with fatal complex cardiac anomaly; continuation of pregnancy would result in serious physical and mental abnormalities.
Previous Decisions
On 4 June 2019, the court directed the Medical Board at B.J. Medical College, Pune to examine petitioner No.1 and submit a report.
Issues
Whether the pregnancy of 23 weeks can be terminated under Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, when the fetus has a fatal complex cardiac anomaly and continuation poses substantial risk of serious handicap.
Submissions/Arguments
Petitioners argued that continuation of pregnancy is not desirable as the child would suffer from serious physical and mental abnormalities.
Medical Board opined that the fetus has fatal complex cardiac anomaly requiring multiple surgeries with high morbidity and mortality if born alive.
Ratio Decidendi
Under Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, termination of pregnancy beyond 20 weeks is permissible if there is substantial risk that the child, if born, would suffer from serious physical or mental abnormalities. The Medical Board's opinion that the fetus has a fatal complex cardiac anomaly with high morbidity and mortality constitutes such substantial risk, justifying termination.
Judgment Excerpts
The Committee has opined thus: 'Clinical examination and investigations reveals that the pregnancy is 23 weeks and the baby has fatal complex cardiac anomaly. If this pregnancy is continued the baby will require many cardiac surgeries with high morbidity and mortality if born alive at term.'
In view of the opinion expressed by the Medical Board, we are satisfied that the case is covered by the provisions of Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971.
Procedural History
The petition was filed on an unspecified date. On 4 June 2019, the court directed the Medical Board at B.J. Medical College, Pune to examine petitioner No.1 and submit a report. The report was tendered on 7 June 2019. The court heard the parties and passed the final order on the same day.
Acts & Sections
- Medical Termination of Pregnancy Act, 1971: Section 3(2)(b)
