Petition was filed by a 26-week pregnant lady for aborting her foetus due to the several skeletal and neurological abnormalities. The petition was allowed by the Bombay High Court.
The notices were issued to Union of India and others by the division bench of high court comprising of Justice SS Kemkar and Justice GS Kulkarni on November 3. The notices were issued after consultation with the experts from Sir JJ Groups of Hospitals, Bombay.
On November 4 the experts of the hospital submitted the report confirming the skeletal and neurological abnormalities in the foetus, who at the time of submitting the report was 25 week and 6 days old. The view of the experts from Sir JJ Hospital was corroborated by the opinion of Department of Pediatrics and Department of Cardiovascular Surgery. Both the departments came to this stance after examining the petitioner.
On examining the reports, the court observed that from the report it can be concluded that if the foetus is allowed to be born he will suffer lifelong prolonged illness or be physically handicapped and this situation cannot be avoided. The court further held that the growth of the baby if born will be static.
Thus, the court in light of the Article 21 of the constitution which provides for right to lead a dignified life allowed the petitioner’s plea and permitted the petitioner to abort her foetus under the provisions of Medical Termination of Pregnancy Act, 1971.
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