This move is set to reduce litigation cost and expedite the entire process as mothers need not approach high courts seeking a direction to clinically examine the foetus
In two weeks, the Maharashtra government will form permanent medical boards at divisional levels to assist expecting mothers seeking to terminate pregnancy beyond 20 weeks due to medical anomalies in the foetus.
This move is set to reduce litigation cost and expedite the entire process as mothers need not approach high courts seeking a direction to clinically examine the foetus, and can instead directly approach the permanent boards.
Advocate Asif Patel, appearing for the government, informed the Bombay High Court on Friday that the permanent boards, to be set up in eight divisions of the state, will consist of a panel of doctors who will clinically examine the mother and submit their report. However, if the board recommends termination, the mother will have to approach the high court for a termination order.
This is in accordance with the Medical Termination of Pregnancy Act.
Currently, section 3(2) (b) of the MTP act bars abortion after the 20th week. A bill to amend the Act and allow abortion up to 24-weeks has been pending before the Parliament since 2014.
A division bench of Justice Shantanu Kemkar and Justice GS Kulkarni had earlier suggested that the government include a neurologist and psychologist each in the panel of doctors so that all cases get equal and speedy attention.
The government move comes after directions by the Union government to all states to set up the boards so that expecting mothers whose foetus has a life-threatening condition, need not travel up to the Supreme Court and help reduce the mental and physical trauma to the mother.
The state government mentioned the setting up of the medical boards while hearing a petition filed by a 23-year-old Pune based woman seeking directions to clinically examine her 28-week-old foetus and grant permission to terminate her pregnancy, as it is found to be suffering from renal cystic disease and the doctor has orally advised removing the foetus for the betterment of health of the mother.
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