Mumbai: Allowing two women to medically terminate their pregnancies at a private hospital in Malad (W), Bombay High Court directed the JJ Hospital medical board to recommend the best suitable method for carrying out the procedure by stopping the fetal heartbeat.
Justices Revati Mohite Dere and Neela Gokhale, in one of the two orders passed on Friday, said, “Henceforth, we request the medical board concerned to determine and recommend the method to be adopted by the medical practitioner in carrying out the procedure of termination of pregnancy in its report to the (High) Court itself,…in a particular case, either referred to it by a (High) Court order or directly by the patient concerned.”
Under the Medical Termination of Pregnancy Act, HC’s permission is required for termination beyond 24 weeks. The first case was of a woman (32) who was 26 weeks pregnant. Her fetus suffered from rare genetic disorders. The second woman (29) was 30 weeks pregnant with the fetus suffering from neurological defects. The JJ board recommended MTP. Their second prayer was for MTP by stopping fetal heartbeat. Their advocate, Meenaz Kakalia, referred to Clause V (c) in the Centre’s Aug 2018 guidance note to medical boards which, in cases of pregnancies over 24 weeks gestation, provides for stopping of fetal heartbeat to avoid the fetus from being delivered alive. The state followed Centre’s guidelines.
The judges said the clause provides that “the procedure by stopping the fetal heart, whenever contemplated, needs to be clearly mentioned in the recommendation or report of the board” to HC. The board’s report “has not advised any suitable and specific method of termination of pregnancy.” Considering the petitioner was 26 weeks pregnant, they requested the board “to give its recommendation to the medical practitioner regarding the best suitable method of termination” within two days. They permitted MTP “only by following the procedure determined” by the board. They similarly requested the board in the case of the 30-week-pregnant petitioner and permitted MTP by “adopting the method recommended” by it.