MUMBAI : The Bombay High Court on Monday refused permission to abort a
26-week foetus with a serious heart defect after rejecting the
mother's plea to terminate the pregnancy in a case torn between trauma
and ethical issues.
Dismissing an application by Niketa Mehta, the court observed that
medical experts did not express any "categorical opinion that if the
child is born it would suffer from serious handicaps."
Considering the defects as they are today, experts are not sure
whether cardiac surgery will be required at or after birth, court
said.
The court noted that even if the couple had approached before 20 weeks
it would not have been possible to allow abortion, as the medical
opinion was contrary.
Mehta also sought an amendment to the Medical Termination of
Pregnancy(MTP) Act so that pregnancy can be terminated even after 20
weeks if doctors believe that the child, if born, will have serious
abnormalities, so as to render it handicapped.
As per the 37-year-old abortion control laws, a pregnancy can be
terminated after 20 weeks only if there was a fatal risk to the mother
and not the foetus.
But a division bench of Justice R M S Khandeparkar and Amjad Sayed
observed that they could not alter the provision.
"It is the job of the legislature to help you alter the provision. We
cannot legislate the provision," Justice Khandeparkar observed.
Additional Solicitor General Rajinder Raghuvansh said the court felt
that existing laws did not permit Niketa to abort the child. Niketa's
lawyer Amit Kharkanis said the Mehta family was "disappointed" but no
decision has been taken to approach the Supreme Court.
The court took into account the opinion of a three-member panel of
doctors of JJ hospital which contradicted its earlier finding when it
said there "were least chances" that the child would be born with a
handicap. The panel earlier said there were "fair chances" the child
would be born handicapped or incapacitated.
Niketa, who is in the 26th week of pregnancy, had moved the court last
week, seeking permission to abort her first child, as her doctor found
out in the 24th week that the foetus has a congenital heart block.
The Court then constituted a committee of doctors. The Court had given
the petitioners-Niketa Mehta, her husband Harsh Mehta and their doctor
Nikhil Datar-liberty to seek an independent opinion.
But the doctors consulted by Mehtas too were not sure if a cardiac
surgery would be required after the birth, or there was any
"substantive" risk that the child will be seriously handicapped all
its life.
Mehtas had also sought amendment to the MTP Act, which does not allow
abortion on the ground of feared abnormality in the child after 20th
week of pregnancy.
But the court pointed out that even if Mehtas were to seek permission
for abortion before 20 weeks, medical opinions did not support the
need for abortion in Niketa's case.
The petitioners had contended they wanted to abort the child since it
would need a pace maker right from the time of birth and the quality
of its life would be poor.
The couple, who hail from a middle class background, told the court
the child would need a pace maker, which costs about Rs one lakh and
which has a limited life.
Changing the pace maker every five years was not economically viable
for the family, they said.
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2008/8/4 anita ghai <[log in to unmask]>:
> Mumbai couple wants abortion, court orders more tests
> By Indo-Asian News Service on Friday, August 1, 2008
> Filed Under: Health News
>
> The Bombay High Court Friday ordered additional medical tests on a
> 25-week pregnant woman after the couple petitioned for abortion
> following doctors' opinion that the child, if born, would have
> lifelong cardiac problems. Abortions after 20 weeks are not allowed
> under the law, unless the pregnancy threatens the mother's life.
>
> A division bench, comprising Justice P.B. Mujumdar and Justice A.A.
> Sayyad, said the doctors' team must give its clear and confirmed
> opinion on the condition of the unborn child to enable the court take
> a decision in the case.
>
> The couple,stockbroker Haresh Mehta and his wife Niketa have contended
> that as per the doctors' opinion, the unborn child has a heart
> blockage that would require a permanent pace-maker and the baby's
> right and left ventricles are also interchanged.
>
> The case poses a direct challenge to the abortion law since Niketa is
> now 25 weeks pregnant - well beyond the permissible limit for
> abortion.
>
> The Mehtas said they have a relative whose child suffers a serious
> congenital defect, causing trauma to the parents.
>
> They felt that instead of making their to-be-born child suffer with a
> congenital heart problem all its life, it would be better to abort it.
> But the couple was prevented by the law.
>
> The Bombay High Court will hear the case Monday.
>
> Haresh and Niketa, both 31, had a love marriage and were eagerly
> anticipating the new arrival in the family.
>
> Later, they learnt that the unborn child suffers from certain defects
> in the heart. They deliberated over it at length, sought medical
> opinion from different doctors and then decided to go for an abortion.
>
> --
> Anita Ghai
> Reader
> Department Of Psychology
> Jesus and Mary College
> Resi:- J12/68 B Rajouri Garden
> New Delhi, 110027 India
> 110027
>
--
Anita Ghai
Reader
Department Of Psychology
Jesus and Mary College
Resi:- J12/68 B Rajouri Garden
New Delhi, 110027 India
110027
________________End of message________________
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