On May 9, a vacation bench of Justices Amit Borkar and Kal Khata granted the woman’s petition for medical termination of her pregnancy under the provisions of the Medical Termination of Pregnancy Act, 1971, because continuing her pregnancy would endanger her life. The woman filed the petition on May 3 through her advocates, Vinayak Patil and Ajinkya Udane, when her pregnancy was at 28 weeks.
The court directed the establishment of a committee of experts to submit a report as to whether the continuation of pregnancy would involve a risk to the woman’s life or cause injury to her physical or mental health. A team of doctors approves abortions.
The committee of seven doctors and a social service superintendent submitted a report on May 6 recommending termination subject to delivery complications. According to the report, the woman, who is 29 weeks pregnant, may require surgical intervention, and intra-operative and post-operative complications are similar to those of other surgeries. It said that there are chances of survival of the fetus requiring neonatal intensive care unit admission and management.
The Bombay High Court has permitted a woman to undergo medical termination of pregnancy (MTP) at the advanced stage of 28 weeks after the medical board recommended termination subject to delivery complications.
As far as the woman’s health was concerned, the report said that there were more chances of complications in her future pregnancy. “If a patient requires surgical intervention, she becomes a high-risk case of hysterotomy. So, in the next pregnancy, she can have chances of uterine scar dehiscence or scar rupture,” the report added.
Permitting the woman to undergo MTP, the HC clarified that in case the child born out of the procedure is alive, the Civil Hospital, Solapur, conducting the procedure shall “ensure that all necessary facilities are made available to such a child for saving its life”. Also, if the child is born alive, the state government and its agencies shall assume full responsibility for him or her, the HC said.
