A 22-year-old Mumbai woman will undergo medical termination of pregnancy at the civic-run King Edward Memorial (KEM) Hospital in Parel after the Supreme Court ruling allowed her request for a medical termination of pregnancy (MTP) at 24 weeks. On Thursday, a seven-member expert panel from the hospital had found the foetus to be ‘unviable’ after examining the woman.

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“There was a psychiatrist and a radiologist in the expert panel that examined the woman. The seven-member panel conducted a complete clinical examination as well as interviewed the woman and her husband. They found that the foetus had anencephaly in which a major portion of the brain is absent and found the foetus to be unviable,” Dr. Avinash Supe, Dean, KEM hospital, said.

The Supreme Court allowed the medical termination of pregnancy on the basis of the report submitted by the expert panel. In 2016, the SC had allowed a 24-week pregnant rape victim in her 20s, also carrying a foetus with anencephaly, to terminate her pregnancy after an examination by the same expert panel.

“It is a judgement we were looking forward to and the SC has directed that the termination be carried out at KEM hospital,” said Dr. Sangeeta Pikale, who the couple – Santosh and Mira Pal – first approached. She then contacted Dr. Nikhil Datar, who is at the forefront of such cases and helps women with their legal fight. Together, the team approached the Supreme Court once again.

“This order will have a far-reaching impact on other cases as well. It is high time that there is some policy level change in the decision or some general guidelines are framed for genuine cases like this,” said Dr. Nikhil Datar, Medical Director of Cloud Nine Hospital. He is now awaiting the result of the case, Dr. Nikhil Datar vs Government of India, which is up for hearing on Tuesday in the Supreme Court. The petition raises the question of what must be done in cases where a medical abnormality is detected post the 20-week legal deadline for an MTP.

Meanwhile Mira, the 22-year-old woman in question, is physically healthy at the moment and wants an end to this ordeal. A housewife, she is believed to be semi-literate and got married just a year ago. This was the couple’s first child and they were looking forward to the birth. They first found out about the anomaly in the foetus at 20 weeks during routine tests and were refused a termination at the local nursing home in Dombivli where the tests were carried out.    

Similar cases

2008

Bhayandar couple Niketa and Haresh Mehta approached the Bombay High Court seeking MTP of a 24-week foetus, which had a congenital heart blockage. The HC denied the 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 full-term and gave birth to the baby, who died within minutes.

Both women have jointly moved SC to have the Medical Termination of Pregnancy Act (MTP Act) set 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.