Bombay HC allows woman to abort 26-week pregnancy due to severe foetal heart defect
The Bombay High Court on Monday granted permission to a woman in her twenties to terminate her pregnancy beyond the 26-week mark after a medical board confirmed that the foetus has a severe congenital heart condition.
A division bench of Justices Bharati H Dangre and Manjusha A Deshpande passed the order on June 22 on the woman's plea seeking immediate abortion under the Medical Termination of Pregnancy (MTP) Act, 1971. The court had earlier directed the Raigad Civil Hospital to form a medical board to assess the foetus's health.
The medical board's report stated that the foetus has "strong congenital heart disease," indicating a condition that would require extensive medical intervention after birth. The woman, who belongs to a lower-income background, submitted that she could not afford the necessary treatment for the child if born.
The court observed that even if the woman were to deliver, the child would need further medical attention, and given her financial constraints, the family may not be able to bear the cost. The judges noted the woman's categorical statement that she belongs to a weaker section of society.
The MTP Act allows termination of pregnancy up to 24 weeks, but courts can permit terminations beyond this limit based on medical opinion and exceptional circumstances. In this case, the medical board's findings and the woman's socioeconomic condition provided sufficient grounds for the extension.
The High Court's decision underscores the balance between protecting foetal rights and respecting a woman's reproductive choices, particularly when serious abnormalities are detected. The court emphasised that the woman's right to health and well-being must be considered.
The woman had approached the court after discovering the anomaly during a routine ultrasound. She expressed distress about bringing a child into the world with a condition that would require lifelong care and financial resources she does not possess.
The order does not set a precedent but follows similar judgments where courts have allowed late-term abortions based on medical necessity. The judges directed the hospital to carry out the procedure with due care and ensure the woman receives post-operative support.
