Bombay HC Permits Woman to Terminate 27-Week Pregnancy in Private Hospital

A woman with severe congenital defects at 27 weeks pregnant was allowed to terminate her pregnancy at a private hospital on Thursday by the Bombay High Court because the government-run hospital did not offer the facility of selected foetal reduction.

Mumbai:The Bombay High Court on Thursday permitted a woman to terminate her 27-week pregnancy with severe congenital abnormalities at a private hospital as the government-run hospital did not have the facility of selected foetal reduction. The medical board at the state-run JJ hospital had, after examining the woman, permitted her to undergo the termination procedure.

The board, in its report, opined if the baby is born alive during the procedure then it would be admitted in the neo-natal intensive care unit. The woman in her plea, however, sought to undergo the procedure at a private hospital of her choice. She also expressed apprehension over the birth of a live baby and sought for selected foetal reduction.

A division bench of Justices A S Chandurkar and Jitendra Jain had earlier this week sought to know if the woman could opt for the same and if the civic-run Cooper hospital or the state-run JJ hospital had the facility. On Thursday, Advocate General Birendra Saraf informed the bench that the woman could undergo the selected foetal reduction but added the facility was not available at Cooper or JJ hospitals.

Saraf said the woman could be referred to the Wadia hospital, which is part managed by the civic body. On this, the woman's advocate, Meenaz Kakalia, said if the procedure has to be done at Wadia hospital then she may be permitted to at least select a hospital of her own choice.

Kakalia also submitted an affidavit filed by private Cloudnine hospital that said it has approval from the civic body to carry out termination procedures and also the required facilities. The bench accepted the affidavit and said the woman was permitted to undergo termination procedure at Cloudnine hospital considering the peculiar facts of the case.

Under a recent amendment to the Medical Termination of Pregnancy Act, a woman can abort pregnancy beyond the 24-week gestation period in case of severe abnormalities after permission from the medical boards set-up by the government. Such termination are typically performed at government hospitals.