Woman wants to abort 28-week-old foetus, Bombay High Court says no

The Bombay High Court recently rejected a petition filed by a 24-year-old woman seeking permission to terminate her 28-week pregnancy claiming the foetus was suffering from anomalies which were life threatening. The woman had moved court as abortion after 20 weeks of pregnancy is not allowed, as per the Medical Termination of Pregnancy Act. The court, as mandated, had referred her case to a medical board comprising eight doctors from JJ Hospital. The report submitted by the experts on February 27 stated: "The condition of the foetus does not fulfil the criterion of 'substantial risk'. Since the pregnancy has advanced to 28 weeks of gestation and the baby weight is also more than 900 grams, it will be advisable to continue the pregnancy as the child born will be alive and can survive the postnatal period with morbidity and occasional mortality."  Advocate Afreen Khan, appearing for the woman, however countered the report by saying that it does not state anything on the mental health of the woman as stipulated under sections of the Medical Termination of Pregnancy Act.However, the court took into consideration the report which indicated that the professor and head of department of Psychiatry had recorded his impression that there was no active psychopathology seen in the past or at the time when the petition was examined. He concluded that she was mentally sound and fit to undergo the procedure (abortion) from Psychiatric point of view. However, the experts committee after joint deliberations shows that the condition of the foetus does not fulfil the norm of 'substantial risk'. "The child would be alive and can survive," it said. Accordingly, the bench turned down the petition based on the report of the expert committee.