New Delhi: The Supreme Court Monday permitted a West Bengal-based woman, who is in her 26th week of pregnancy, to abort her foetus suffering from cardiac ailments.
The apex court relied on the report of the medical board which had advised termination of pregnancy as a special case saying there was a threat of mental injury to the woman if the pregnancy was continued.
The doctors have advised that the infant, if born alive, has to undergo multiple complex surgeries for the cardiac ailment as the chances of mortality were high.
‘‘Keeping in view the report of the medical board, we are inclined to allow the prayer and direct medical termination of pregnancy ofpetitioner No.1 (woman),’’ a bench comprising Justices Dipak Misra and AM Khanwilkar said.
The apex court said the procedure of termination of pregnancy be carried out ‘‘forthwith’’ at the IPGMER SSKM Hospital in Kolkata.
The order came on a petition filed by the woman and her husband seeking permission to abort her foetus on the ground of abnormalities which could be fatal to her.
During Monday’s hearing, senior counsel Colin Gonsalves, representing the petitioners, referred to the medical board’s report and said continuing the pregnancy could be ‘grave’ for the woman.
When counsel appearing for the Centre said the report was based on the opinion of two gynaecologists only, the bench asked, ‘‘We cannot understand why you are opposing it.’’
‘‘There is a concept called state interest. The state interest is only to see the child and not to destroy the child,’’ the bench said, after which the Centre’s counsel said he was not opposing the prayer for termination of pregnancy.
‘‘On a perusal of the report, it is clear as crystal that the medical board is of the view that there is a case for termination of pregnancy as a special case…,’’ the court said.
Regarding the earlier apex court verdicts referred to by the lawyers who had argued the matter, the bench said cases of such nature ‘‘have to rest on their own facts’’ depending upon the report of medical boards.
The petitioners have also challenged the constitutional validity of section 3(2)(b) of the Medical Termination of Pregnancy (MTP) Act which prohibits abortion of a foetus after 20 weeks of pregnancy.
However, they had later told the court that they would restrict their prayers to the one pertaining to setting up of a medical board to assess the condition of the woman and direction for termination of pregnancy.
Press Trust of India
