Bombay High Court allows termination of 25-week-old pregnancy at private hospital despite legal bar

The Bombay High Court on Thursday granted permission to a 35-year-old woman to terminate her 25-week-old pregnancy at a private hospital of her choice despite certain technicalities in the Medical Termination of Pregnancy (MTP) rules that prevents private institutions from performing such procedures for pregnancies beyond 24 weeks [XYZ v State of Maharashtra].The bench comprising Justice Revati Mohite Dere and Justice Neela Gokhale, while allowing the plea, acknowledged the petitioner’s right to make decisions about her body."Conscious of the right of the Petitioner to reproductive freedom, her autonomy over the body and her right to choice, the medical condition of the Petitioner and having considered the findings and opinion of the Medical Board, we permit the Petitioner to medically terminate the pregnancy," the Court said. .The petitioner, currently in her 25th week of pregnancy, sought permission for medical termination due to severe fetal abnormalities. A medical board at Sir JJ Group of Hospitals and Grant Medical College reviewed her case and recommended the procedure, noting that the fetus had skeletal dysplasia and other conditions would result in significant post-natal morbidity including the need for multiple corrective surgeries. The board also noted potential risks of infertility for the child and affirmed that the petitioner was physically fit for the procedure..However, despite receiving approval from the medical board, the petitioner was unable to undergo the procedure due to a lacuna in the MTP law. The current MTP Rules allow private institutions to perform termination of pregnancies only up to 24 weeks. There is no provision under the Rules which permits private hospitals to seek approval for performing procedures beyond the 24-week limit, leaving the petitioner unable to secure the procedure at her chosen institution—Cloudnine Hospital in Malad.The Form A required to be submitted by the hospital for permission for such procedure contains provision only for pregnancies up to 24 weeks.The counsel for the petitioner, advocate Meenaz Kakalia, argued that the woman should be allowed to choose the institution and must be able to undergo a termination procedure of her choice as permitted by the guidance notes issued by the Central government.She referred to the guidance note for cases involving termination beyond 20 weeks, which allows for stoppage of the fetal heartbeat if necessary to avoid the fetus being delivered alive. She further pointed out that this procedure should be available as part of the medical termination process and requested that the court permit the medical practitioner to follow these guidelines. She also explained that Cloudnine Hospital has the required facilities and approvals to conduct the procedure including compliance with the necessary MTP Rules..In support of the petitioner’s request, Cloudnine Hospital submitted an affidavit confirming that it meets all the required criteria under the MTP Rules and has necessary facilities for the same.The affidavit stated that the hospital has the necessary approval under Form 'B' of the MTP Rules from the Municipal Corporation of Greater Mumbai to conduct pregnancy terminations. It also confirmed that the hospital has facilities for performing sonographies, including invasive procedures, and was licensed under the Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2003 as required by the MTP Rules.In light of the urgency, the Court permitted the termination to take place at Cloudnine Hospital despite the gap in law.The Court also allowed the petitioner’s chosen medical practitioner to follow the guidelines outlined by the Union of India including the option to stop the fetal heartbeat if needed.The Court left the issue of the lacuna in the MTP law open for future consideration and scheduled further hearings on March 10..Advocate Meenaz Kakalia instructed by Shruti Kumar appeared for the petitioner.Additional Government Pleader Pooja Patil appeared for the State.Advocate Purnima Awasthi represented Union of India..[Read Order]