Mumbai: An 18-year-old who is over eight months pregnant agreed before Bombay High Court to carry her pregnancy to full term after she was told the baby would be born healthy and normal.
“…when the medical situation was explained to the petitioner and her mother, the petitioner changed her mind and agreed to continue the pregnancy for the next four weeks,” said Justices Revati Mohite Dere and Neela Gokhale on Monday. The teenager, an FYBSc student, sought HC’s permission to terminate her pregnancy, beyond the 24-week permissible limit.
In July, when she was 17 years old, a relative sexually assaulted her and threatened to show her family her pictures with her boyfriend, whom she subsequently married. Her husband initially supported terminating the pregnancy. Later, he told her the doctor advised against it. Hence, her pregnancy advanced.
The state’s advocate, Jyoti Chavan, submitted a report from JJ Hospital’s medical board, which examined the girl. The March 21 report stated the pregnancy is of “32 weeks, 5 days” gestation. The foetus weighs 1.9kg, is likely to be born alive, and has no congenital anomalies. However, as the pregnancy is a result of sexual assault, it may cause physical, mental and emotional stress to the mother’s health. Considering her mental health, the board said MTP can be done if HC permits.
At an in-chambers hearing, the judges enquired about the effect of MTP at this advanced stage on the health of the girl as well as the child. The doctor said “in the 33rd week of pregnancy, the formation of the baby’s vital parts is complete”. The doctor said the baby is likely to be born alive if carried to a full term of 37 weeks. There is always a chance that MTP “at such a late stage may be detrimental to and affect the future pregnancies of the petitioner”.
When asked about the comparative degree of risk to the foetus, the doctor replied that the chances of the baby being born healthy and normal are obviously higher than if the pregnancy is terminated now. If MTP is done now, the foetus would still be born alive and need neonatal care.
The judges interacted with the teen through videoconference. Initially, she insisted on MTP as she apprehended a threat to her life and limb from her husband. But when told about the medical situation, she consented to continue with the pregnancy. Among the directions, the state will pay for the delivery and expenses of her hospitalisation. It will disburse Rs 30,000 advance out of the compensation paid under the state’s scheme for victims of sexual assault. If she wants to give the child in adoption, the state will assume the child’s responsibility.