MUMBAI: Considering the grave danger to the mental health of a pregnant 19 year old due if her 26 week pregnancy continues, as diagnosed by the Medical Board, Bombay high court vacation bench on Thursday permitted her to terminate it by exercising her
reproductive autonomy
. Also, citing an April judgment of the Supreme Court the HC said, her consensual-relationship partner or parents’ views are “not relevant’’ given that the termination was part of her reproductive autonomy.
"It appears to us that the petitioner’s sovereign entitlement to make an autonomous choice about her body and to exercise it in the form of opting for medical termination, lends itself to acceptance," said the division bench of Justices N R Borkar and Somasekhar Sundaresan.
The pregnancy was from a consensual relationship, not a crime, and foetal health was not compromised.
The State said the partner had a stake in the decision making since it was a consensual relationship. Relying on the SC ruling the HC said it was satisfied that the partner is not a stakeholder in the pregnant woman’s reproductive right.
The SC had said “the MTP Act does not allow for any interference with personal choice of pregnant person in terms of proceeding with the termination.’’ The HC said thus, “Considering that the Petitioner is an adult and is entitled to her own sovereign decision for reproductive autonomy, the views of her parents or of her partner are not relevant…’’
The girl, from a lower income group, the HC noted, cited “grave psychological effects of the pregnancy and social stigma’’ as the primary reasons to terminate the pregnancy.
There was no congenital abnormality. The bar on Medical Termination of Pregnancy (MTP) under the law, is now 24 weeks and beyond it medical board’s nod and a court order would be required.
The Pune teen, through her lawyer Tejesh Dande sought the nod on May 27, armed with private medical report, from the HC vacation bench of Justices N R Borkar and Somasekhar Sundaresan, which heard the matter at some length in chamber on Wednesday and reserved it for orders. The private report did not consider her emotional and mental health, said Dande. The HC thus called upon the medical board of the BJ Govt Medical and Sassoon General Hospital, Pune to assess the teen in compliance with the MTP Act.
Kavita Solunke, the additional govt pleader, submitted the Medical board report dated May 28. The board comprised seven experts including those with expertise in paediatrics, gynaecology and psychiatry.The HC also heard Centre’s lawyer Purnima Awasthi.
The report found that she was physically fit to undergo an MTP but “considering the woman’s current psychological status, sociocultural and economic conditions, continuation of pregnancy can lead to grave psychological injury”. It however also said, a child born despite the MTP, “would run a high risk of immediate and long term physical and mental disability’’. It could seriously jeopardise the child’s quality of life, it added.
The bench said while the Act under section 3(2)(b)(i) says pregnancy may be terminated if a woman’s physical and mental health run the risk of grave injury. A sexual assault leads to a presumption of mental health impact but the HC said the legal provision would not mean that rape can be the only ground to draw an inference of mental health injury.
Under section 3(4)(b) no pregnancy shall be ended except with pregnant woman’s consent. The HC to satisfy itself heard her in the chambers via videoconference link.
The HC also perused the Guidance note for medical boards for late term termination. The teen asserted to the HC, when asked that the MTP procedure of ‘stopping foetal heart beat’ was explained to her.
In a very recent judgment of April 22, 2024 the SC articulated the need for the medical board’s report to reflect the effect of pregnancy on a person's mental health as well and to give primacy to her consent.
The HC thus allowed the MTP to take place at Sassoon hospital on Thursday itself. The HC expressed confidence that the Hospital and its Medical Board would take care to ensure sensitive treatment and handling of the Petitioner in connection with all procedures, whether medical or administrative, keeping her emotional and mental health at the forefront.
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