Right to Live Upheld - HC Refuses Permission to Abort Foetus


PTI

Mumbai, Aug 5: The Bombay High Court on Monday August 4 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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Comment on this article

  • Fr Roque D'Souza, Mangalore (Seminary)/ Fort Dodge, Iowa

    Wed, Aug 06 2008

    I am happy today to note UCA news good response from the Cardinal of Mumbai that if the parents want the child would be adopted. I felt quite distressed that the educated Mehra parents wish to abort the baby. Thank God, the Courts did not comply. With this case, there would be more demands for abortions even in late pregnancy. How sad that we want to play God and have little concern for the rights of the unborn. I felt ashmed when some other reports responding to court verdict: who will now look after the sick child!! Oh! where have we come to in our moral decisions. I hope and pray that there will be good lessons learnt from this court order, though I sympathize with Mehra parents if they feel the distress. I pray that this child may turn into great blessing for them and teach our nation good morals.

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  • Marina, Mlore/Dubai

    Wed, Aug 06 2008

    Prayer is a strong weapon to fight against any fear or luck. I have gone through a terrible phase after my baby was born but looking at others who are longing for a child but not able to concieve I PRAISE THE LORD for giving me a wonderful child who is a very normal, adorable child. Believe completely in LORD.

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  • Anita, Valencia/Dubai

    Wed, Aug 06 2008

    Dear Mr & Mrs. Mehra. GOD plans our destiny, you have faith in HIM and pray for a healthy baby. GOD can prove Medical to be wrong. When my SIL's was pregnant, the feotus was daignosed by 3 doctors as severely retarted but she did not opt for abortion though she feared but left it for God to decide their fate and GOD blessed them with a very healthy baby. I will remember you in my Prayers to be blessed with a healthy baby, do not be tensed and live life to the full and leave the rest to GOD.

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  • Leena, Mangalore

    Wed, Aug 06 2008

    Dear niketa don't take that decision.and don't think about this stage.other wise it will be affect more to unborn child. Trust in God.I had same situation related to other organ when I was 20 weeks pregnant and I had gad stressful life for nearly 3.5 yrs after my child borm,Once it was diagnosed I left to God because I had precious baby after 5yrs now I'm coping.sure you will find the way to overcome.you can not escape from difficulies,if you do there will be other more difficulies around you.could be risk to your health too.........

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  • Shareef Moideen, Mangalore/Saudi Arabia

    Wed, Aug 06 2008

    You are not the creator of this child and you have no right to abort the child just because of the medical reports, have faith in Almighty he is capable of everything. Just pray to have healthy child and we assure that our prayers are with you.

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  • Fredrick Correa, Nairobi, Kenya

    Wed, Aug 06 2008

    Dear Harsh and Niketa, For God's sake, please do not abort the child. We shall pray that the child may become absolutely normal and a lovable one. Imagine, even before it is born, it has won the court case! Great victory for the child. Dearest sweet child, congratulations!

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  • IMRAN, JUBAIL

    Wed, Aug 06 2008

    Its an interesting article reported by daijiworld, Reading this article I thought to disclose these following lines, with a question ....?? Is it permissible to abort the foetus after medical tests have shown that it is physically deformed? Praise be to Allaah. There are many causes of deformity of the foetus, many of which could be avoided one could protect oneself from them or reduce their effects.

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  • Rolphy Almeida, Udupi/Bangalore

    Tue, Aug 05 2008

    Dear Mr. Mrs. Mehra, God knows what is best for you please don’t take such a harsh decision. Medicine or medical theories may fail but, God will never fail. Please keep faith and keep praying and thank him. Church assured you that it will take care of your child and everyone one will pray for you and for your child.

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Title: Right to Live Upheld - HC Refuses Permission to Abort Foetus



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