Mumbai: Bombay high court on Thursday permitted a woman, in her 25th week of pregnancy, to undergo a medical termination of pregnancy (MTP) at a private hospital of her choice, after a medical board constituted by state govt-run JJ Hospital certified her fit for the procedure.
A bench of Justices Revati Mohite Dere and Neela Gokhale passed the order, saying it was conscious of the woman’s right to reproductive freedom, her autonomy over her body, and her right to choose, apart from the findings of the medical board. JJ Hospital’s medical board had said the pregnancy showed “high postnatal morbidity”.
HC said the private hospital the woman chooses must be approved under MTP Rules. Since forms for approval don’t provide an option for ‘beyond 24 weeks’, HC, noting the urgency of the case, sought an affidavit to show the hospital fulfils the necessary rules. The woman’s advocate, Meenaz Kakalia, on Thursday placed an affidavit of Dr Anurag Mishra of Cloudnine Hospital to show it fulfils the requirements. HC expressed its satisfaction and permitted the MTP there.
HC left the larger issue of lacunae in the approval form for a later hearing on March 10.
The woman had two pleas: to undergo MTP at a private hospital of her choice, and for adopting the Centre’s guideline when the foetus is beyond 20 weeks to stop the foetal heartbeat to avoid live delivery. The state adopted the Centre’s guidelines, HC was informed.
The Centre was represented by Purnima Awasthi.