Surgically treatable defect in foetus, HC rejects MTP plea

The Bombay high court on Monday refused permission for medical termination of pregnancy (MTP) of a 24-year-old woman from Aurangabad district after noticing that

The Bombay high court on Monday refused permission for medical termination of pregnancy (MTP) of a 24-year-old woman from Aurangabad district after noticing that the foetus suffered from congenital defect of the lung, but it was surgically treatable.

HT Image

The 24-year-old labourer from Domegaon had moved the high court after a local doctor found defects in the foetus and sought permission of medically terminating the pregnancy, which had crossed the 20-week limit set by the Medical Termination of Pregnancy Act, 1971.

Acting on her petition, the court, on April 15, had ordered the woman to be examined by a panel of experts at the local government hospital.

The panel, in its report to the high court, indicated that the foetus suffered from the congenital defect of the lung, but did not recommend termination of the pregnancy, as the defect was treatable surgically after birth.

“In view of the clear and unequivocal finding, the prayer made in the petition cannot be considered,” said justice Prasanna Varale, while rejecting the petition.

In another case, the judge allowed a 29-year-old teacher from Aurangabad to medically terminate her 24-week long pregnancy in view of the expert medical panel’s opinion that termination was necessary, as there was a substantial risk to the foetus if born.

In this case, the panel said the foetus suffered from a defect of serious magnitude and the child if born, will survive with multiple major surgeries and it will not be able to lead a normal life even with medical assistance.