‘Foeticide’: HC refuses to let survivor terminate 28-week pregnancy

A division bench of justice Ravindra Ghuge and justice Abhay Mantri relied on the opinion of a medical board

MUMBAI: The Bombay High Court on Tuesday refused to let a young rape survivor to medically terminate her 28-weeks pregnancy, and held that the termination at this advanced stage would amount to foeticide.

HC refuses to let survivor terminate 28-week pregnancy, calls it foeticide. (Getty Images/iStockphoto)

A division bench of justice Ravindra Ghuge and justice Abhay Mantri relied on the opinion of a medical board stating that the foetus was without any congenital abnormality or anomaly and there was a high chance of a live child being born if the pregnancy was terminated at the advanced stage of 28-weeks.

The medical board added that the child would need a lot of medical treatment and support, if allowed to be born 12 weeks before the pregnancy would naturally end. “The other option is to perform foeticide,” the bench said, adding that the Supreme Court has in a similar case “declined to follow the option of foeticide.”

“If the child is to develop deformities by a pre-term delivery, no childless couple would adopt such a baby. On the other hand, if the child is allowed to be born naturally, at least a well developed child would be born naturally as it normally happens and would turn out to be a healthy baby,” the judges said, adding that, “A childless couple would always be encouraged to adopt a well developed orphan baby.”

The court was hearing a writ petition filed by the mother of the survivor who has just turned 18. In her petition the mother sought the court’s permission to let her daughter end her pregnancy even after it had crossed the limit of 24 weeks. The girl was reportedly impregnated by a boy she met through a tuition class while she was still a minor.

After the girl missed her menstrual cycle, she spoke to her mother about the issue and eventually an FIR was registered on January 2 where the girl’s mother said that her daughter had been lured into the relationship with a fake promise of marriage.

During a hearing on January 23, the court directed the medical board to examine the girl and submit its report. The court had sought answers to whether, by following a specific medical procedure a foetus with a gestational period of 27 weeks (as it was then) can be terminated, and whether the medical termination posed any risks to the girl.

On January 27, the court took note of the report submitted by the medical board of Sir JJ Group of Hospitals, stating that the pregnancy had already crossed gestation of 28 weeks and a live foetus would be born with a beating heart if the pregnancy was terminated through a preterm delivery. The medical panel added that the foetus would also need intensive neonatal care.

While the girl told the court and the medical board that she wanted to end the pregnancy as it would affect her career and future if she continued it to full term, the bench noted that she was just 12 weeks away from a natural delivery. The bench refused permission for the medical termination of the pregnancy, which, it said, would amount to foeticide if granted.

The court directed the victim to deliver the child and after the medically advised period of feeding the child is over, it can then be handed over to an orphanage and be put up for adoption. The court also directed the relevant authorities to provide the woman with comprehensive medical, psychological and social support during the period.