Landmark decision: Calcutta HC allows woman to terminate 35-week pregnancy – Hindustan Times

KOLKATA: In a path-breaking decision, the Calcutta high court on Thursday allowed a woman to terminate her pregnancy after 35 weeks as doctors found that the foetus was suffering from defects in the spinal cord and brain, making the chances of its survival bleak.

A nine-member medical team, set up following orders of the high court, had suggested that the child, if allowed to be born with open defect in spinal cord with malformation of brain, will need immediate spinal surgery and shunt surgery for an enlarged head.

Even after the surgery, the baby would likely suffer serious physical, neurological and developmental problems such as paralysis of limbs, lack of bowel and bladder control, convulsion, cognitive delay and visual problems, the doctors observed.

“Considering the entire gamut of facts and circumstances, this court permits the petitioner to medically terminate her pregnancy at an authorised hospital or medical facility,” the high court order stated.

A single bench of Justice Rajasekhar Mantha made the rulings while hearing the plea of a 36-year-old woman who sought medical termination of the pregnancy on the grounds that at least three medical practitioners had detected multiple medical complications in the foetus, which were affecting the health of the petitioner as well.

The bench directed the director of Institute of Post Graduate Medical Education and Research in Kolkata to constitute a medical board as per the provisions of the Medical Termination of Pregnancy Act, 1971 and submit their opinion before the court. The report was submitted earlier this week.

The couple – the petitioner and her husband – also considered the medical report and subsequently affirmed on oath that they wanted to medically terminate the pregnancy. The petitioner also told the court that she was aware of the medical consequences.

“The risks and consequences to the petitioner that would follow in course of such procedure, i.e. to terminate pregnancy at this stage, have also been clearly indicated and the petitioner as well as her husband have carefully considered the same and have accepted such risks. It also appears that there is no serious risk to the life of the petitioner,” the order said.

The court further said that cases of this nature have to rest on facts because they depend upon the nature of the report of the medical board, and also the requisite consent as engrafted under the Medical Termination of Pregnancy Act, 1971.

In October 2021, the Centre had notified the Medical Termination of Pregnancy (Amendment) Rules, 2021, which extended the gestational limit for termination of a pregnancy from 20-24 weeks for specific categories of women.