The apex court will hear the matter on Friday regarding termination of pregnancy after 20th week, its second such case in two years
On Thursday, an expert medical panel of doctors from KEM hospital, Parel, evaluated the case of the 23-week pregnant woman, who has approached the Supreme Court to allow medical termination of pregnancy (MTP). KEM has sent its report to the apex court. The case is set to be court for the hearing on Friday.
The woman was first examined at a private hospital in her neighborhood, when she was over 20 weeks pregnant. An ultrasound detected a foetal anomaly but the doctor refused to carry out an abortion. A relative then referred her to gynaecologist Dr Sangeeta Pikale in Mahim.
“She came to me at 21.6 weeks pregnancy and I offered her the only hope that was, to approach the Supreme Court for permission to terminate the pregnancy,” said Dr Sangeeta Pikale.
The woman was carrying foetus with anencephaly, a serious birth defect in which a baby is born without parts of the brain and skull. “The woman weighs just 38 kg and babies with anencephaly can grow as large as three kgs. The baby will die after birth ,and this trauma to the woman can also risk her life,” Dr Pikale said.
The legal team representing the patient is doing so pro bono. The lady in question comes from a lower middle class family and is not educated. Married an year ago, this is her first pregnancy. “We approached the SC directly, as they have recently gave a fair order in a similar case,” Dr Pikale said.
The panel, who examined the woman comprise the same experts who last year evaluated the case of a 26-year-old rape survivor who had moved SC to allow MTP after the legal deadline of 20 weeks. The petitioner, who was also carrying a foetus with anencephaly, was allowed to terminate her 24-week pregnancy.
Dr Reena Wani, professor and head of obstetrics and gynaecology at the Cooper Hospital who conducted the procedure, said, “In these cases, women came very late to the hospital for their natal check ups. Most conditions can be picked up during routine ultrasounds.” However, that the issue is not just a medical one, she said. “There is an ethical debate on whether to allow termination after the 20-week mark.”
History: similar cases
2008
Bhayandar couple Niketa and Haresh Mehta approached the Bombay High Court seeking MTP of 24-week foetus, which had a congenital heart blockage. HC denied request, but Niketa miscarried in her 27th-week
2014
A patient, Ms X, came to Dr Nikhil Datar in the 26th-week of her pregnancy. The foetus had brain deformity. She didn’t approach the court; gave birth to the baby, who died minutes later.
Ms Y was informed in the 18th week of pregnancy that her foetus could have brain deformity. As confirmatory test would come only after 20 weeks of pregnancy, she carried a full-term, and gave birth to the baby, who died in minutes.
Both women have jointly moved to SC to have the Medical Termination of Pregnancy Act (MTP Act) sets the legal deadline of MTP at 20 weeks
2016
A rape victim carrying a foetus with anencephaly approached the SC to allow abortion. Expert panel at KEM had examined the victim and SC allowed MTP, which was carried out by the civic-run Cooper Hospital in Mumbai
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