Right to bodily autonomy: Bombay High Court allows woman to terminate pregnancy with foetal anomalies

Mumbai: The Bombay High Court has granted a 32-year-old woman's plea to terminate her 26-week pregnancy over foetal anomalies at a private hospital of her choice, emphasising her right to reproductive freedom, bodily autonomy, and the right to choice.

A division bench comprising Justices Revati Mohite Dere and Neela Gokhale allowed the termination to be carried out at a private hospital of the woman's choosing, provided the hospital submits an affidavit affirming it meets all the requirements under the Medical Termination of Pregnancy (MTP) Act.

The provisions of the MTP Act don't allow termination of pregnancy beyond the 24-week gestation to be conducted in private hospitals without the court's permission.

"Conscious of the right of the petitioner to reproductive freedom, her autonomy over the body and her right to choice and having considered the medical condition of the petitioner, we permit the petitioner to terminate the pregnancy medically," the high court stated in its order dated March 28.

The court's decision followed the woman's appeal to ensure that the procedure involved foetal heartbeat reduction to prevent the baby from being born alive.

The bench, however, directed that the medical board at the state-run J J Hospital offer an opinion on the most suitable method to carry out the termination.

The petitioner, a resident of Mumbai, said she wants to terminate the pregnancy at a hospital of her choice. Her lawyer Meenaz Kakalia said the procedure could be carried out if the requisite facilities under the Medical Termination of Pregnancy (Amended) Rules were available at the private hospital.

She had discovered a foetal anomaly during a Foetal Echo Cardiography at around 24 weeks of pregnancy, which revealed skeletal dysplasia—a condition likely to lead to severe morbidity. A medical board at J J Hospital had given the green light for termination based on the foetal condition.

Kakalia cited a guidance note issued by the Union of India under the MTP Act, which provides for the cessation of the foetal heartbeat to prevent a live birth. She said Maharashtra has adopted these guidelines.

The high court bench stated that as per the Rules, the procedure to stop the foetal heart, whenever contemplated, needs to be clearly mentioned in the recommendation or report of the medical board.

However, the court observed that the medical board’s report did not recommend a specific method for the termination, particularly regarding foetal heartbeat reduction. In light of this, the court requested the J J Hospital medical board to provide its opinion within two days.

"Considering that the pregnancy is at an advanced stage, we deem it appropriate to request the medical board (of the state-run J J hospital) to give its opinion to the medical practitioner concerned within two days," the court said.