Mumbai, March 26: The Bombay High Court on Thursday directed that a 37-year-old woman seeking termination of her over 31-week pregnancy be examined by a fresh medical board at Sir JJ Group of Hospitals, after noting conflicting considerations over the nature of the foetal anomaly.
Petition filed by couple
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A bench of Justices Bharati Dangre and Manjusha Deshpande was hearing a petition filed by the woman and her husband, who have expressed unwillingness to continue the pregnancy in light of medical findings.
Conflicting medical opinions
The petitioner, in the advanced stage of her second pregnancy, had approached the court after a medical board at the District Civil Hospital in Thane refused permission for termination of pregnancy.
The board, in its March 20 report, noted that the foetus—at over 31 weeks—showed “non-lethal short limb skeletal dysplasia”, characterised by shortening of long bones but without any life-threatening abnormality.
It concluded that the condition was “compatible with postnatal survival”, though the child may require specialised neonatal care. Citing the Medical Termination of Pregnancy (Amendment) Act, 2021, the board said termination beyond 24 weeks is generally permissible only in cases of substantial foetal abnormalities incompatible with life or serious risk to the mother, and therefore opined that termination was not justified.
Petitioners challenge findings
The petitioners challenged this, contending that the board had failed to fully consider, as cited in the rules, whether the foetal condition could result in serious physical or mental handicap. They also relied on an independent medical opinion suggesting the possibility of complications, including mental subnormality.
Court seeks clarity
The bench, however, said it was “not in agreement” with the petitioners’ contention that the Thane board had overlooked relevant factors. “The Medical Board has clearly opined that no life-threatening abnormality has been identified in the foetus and the condition is compatible with postnatal survival,” the court observed, adding that the advanced gestational age was also a significant factor.
The court remarked that two medical professionals can always have a different opinion. However, it said that “In this peculiar case… since the parents are apprehensive about giving birth to a child who may suffer from an anomaly, it is necessary to determine whether the anomaly is lethal or substantial.”
Fresh examination ordered
Accordingly, the court directed the woman to appear before the medical board at Sir JJ Hospital today evening. The board has been asked to conduct an immediate examination and submit its report by March 27.
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The bench clarified that if the second board concurs with the Thane panel, the petitioner “will have no choice but to continue with the pregnancy”. However, if it reaches a different conclusion, it must clearly explain the basis for its opinion. The matter will be heard next on March 27.
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