Mumbai: Bombay high court permitted medical termination by JJ Hospital of the 27-week pregnancy of an 18-year-old collegian, observing that she had made a choice.“We see no difficulty in the team of medical doctors proceeding with the process of termination of pregnancy as desired by her as she has made a choice,’’ said Justices Bharati Dangre and Manjusha Deshpande on Wednesday.The teenager sought HC’s permission as her pregnancy crossed the 24-week limit under MTP Act. Her advocate Anand Mishra said she conceived while in a consensual relationship with a fellow collegian.On June 11, the HC directed her to be examined by JJ medical board.The board’s report stated as per June 16 scan, the foetus was “26.6 weeks.” Termination at this stage would pose a very small theoretical risk to the mother’s life. As the foetus was beyond 24 weeks and not anomalous, it could not permit MTP.“Balancing the two circumstances,” the judges noted that the petitioner clearly expressed her desire to continue her education and is apprehensive of stigma by society. They said the “right of a woman to exercise her right to discontinue the pregnancy has received recognition” by constitutional courts emphasising on reproductive autonomy and bodily integrity as part of Article 21 (Right to Life).In the report, the psychiatry department opined that “the patient feels that she is not in a position to take care of the baby, emotionally, financially and socially.’’Her health was stable, and she expressed a strong desire even before the board to terminate the pregnancy. “Being an unmarried female, we deem it appropriate to respect her decision…Since, according to the petitioner, the pregnancy was unwanted, we are of the view that it will have a serious impact on her mental health, career and overall well-being,’’ they added.The paediatrics department opined that if the pregnancy were terminated now, the foetus would likely be alive and would require NICU care.The judges said, “In such circumstances, when we find that the petitioner is not in a mental state to accept the child and give birth,” the “best course available” is that JJ Hospital shall endeavour to terminate the pregnancy and we permit it to be terminated.”
