Click to play videoMumbai: The Bombay High Court on Monday rejected the plea of a couple who wanted to abort their 24-week unborn child because of a congenital heart defect.
The court gave the verdict after a panel of doctors told the court that there is little chance that the child will be born handicapped because of the heart defect. Niketa Mehta and her husband Haresh wanted a 37-year-old law, which forbids abortion after a foetus is 20 weeks old, to be relaxed in their favour.
According to the Medical Termination of Pregnancy (MTP) Act, pregnancy cannot be terminated after the 20th week unless there is a health risk to the mother.
A division bench comprising Justice P B Mujumdar and Justice A A Sayyad gave the verdict after studying a medical report prepared by the J J Hospital on whether the couple could medically terminate the foetus. The medical report said there was a “least chance” that the child would suffer abnormalities after birth, leading to severe physical handicaps.
The court said the couple had failed to establish their case as exceptional enough for them to use discretionary powers The court also said there was no medical evidence to support the abortion plea.
“There is no medical evidence on record to say that he will be handicapped after birth,” said the court. “The petitioners have not made out that this lady's case is exceptional for us to use discretionary powers.”
“There was no law in place for the court to order termination of the pregnancy in a situation like this. The Government can consider making this change in the future but what can we do now?" it said.
Amit Kharkani, the couple’s lawyer, said he believed the court dismissed the petition because it cannot legislate any provision.
Nikhil Datar, the couple’s doctor, said they were in “emotional trauma” and hadn’t decided if they would file an appeal in Supreme Court.
The couple had based their appeal on the argument that the child, if it’s born, won’t have a healthy life. I am firm that I don't want this baby because the baby will suffer after the birth. My suffering and my family's suffering is another story,” Niketa has said.
“Nobody will come to see the day-to-day trauma of the baby and the mother. Even if the government will provide funds, it cannot help my child,” Niketa said.
The couple’s doctors say the child, if its born, will have to be fitted with a pacemaker and it will have to be replaced every four years. The couple says pacemakers are costly and it would be difficult for them to make replacements every five years.
(For updates you can share with your friends, follow IBNLive on Facebook, Twitter and Google+)
 |
 |
 |
|
displayed with permission. Use of the CNN name and/or logo on or as part of CNN-IBN does not derogate from the intellectual property rights of Cable News Network in respect of them.