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Shree. ( Advocate.)     23 August 2008

Abortion of a foetus!!

Abortion of a foetus!!

We all know each government has its own rules for abortion.. In India is reportedly 20 weeks.. In US its 28 weeks etc.. But what if when a foetus suffers from heart disease or the parents get to know that the child will be born abnormal??? Shouldn't the parents be allowed to decide whether they must have the baby or not in such crucial cases??

Now here is an example.. The Mehtas have been declined to abort the child by the Mumbai High Court..

Bombay HC declines abortion plea

The Bombay High Court has denied Niketa and Harsh Mehta the permission to abort their 25-week foetus. The couple had gone to court seeking an abortion.

The judgment came even as an expert panel of doctors, appointed to examine the case said the foetus has "least chance" of having a congenital handicap at birth.

Petitioners Niketa and Haresh Mehta along with their doctor Nikhil Datar had moved Bombay High Court for medical termination of  preganancy(MTP) after physicians had diagnosed the unborn child with a congenital disorder. Niketa had found out in the 24th week of her pregnancy that the foetus had a congenital heart block.

"There are 'least chances' that the child will be born with a handicap or incapacitated," the panel of three doctors appointed by the dean of J J Hospital noted in their report submitted to the court.

Earlier, a committee of doctors appointed by the same hospital stated that there were "fair chances" of the child being born with a congenital handicap. The committee, however, added that "the findings observed do not have substantive significance to resort to termination of pregnancy".

In their petition, the couple had sought to abort the child since it would need a pacemaker right from the time of birth and the quality of its life would be poor.

For the purpose, they sought amendment of a section of the MTP Act under which a foetus can be aborted after 20 weeks only if there was a fatal risk to mother and not the foetus.

The couple, who hail from a middle-class family, said the pacemaker, which costs about Rs one lakh has a limited lifespan of about five years. Changing the pacemaker every five years is not economically viable for the family, they said.

A Division Bench of Justice R M S Khandeparkar and Amjad Sayed hearing the petition observed that they could not alter the provision of the MTP Act. "It is the job of the legislature to help you alter the provision. We cannot legislate the provision," Khandeparkar observed. (With PTI inputs)

Shouldn't the parents be given some relaxation in such cases???



 11 Replies

Guest (n/a)     23 August 2008

In the case of Mr. Meheta,there should be a relaxation for them,because soppose a child born with congenital disorder,the child does not live a happy life,but according to Indian consttution there is a law "right to live a healthy life".so it shoiud be allowd to that couple.

                                                                      thank you.

smith sharma (lecturer)     23 August 2008

yes,  In this case the parents should be relaxation from hon'ble court bcoz  this is the clear that child dose not live normaly.this is lifelong painful for 1stly child then parents bt another case i dont thing that amendment is essentiol.It;s harmful 4 our sociaty.


Miss. Smith Sharma [lawyer]

Ajay kumar singh (Advocate)     23 August 2008

Certainly yes.

Rajan Salvi (Lawyer)     24 August 2008

I do not know much about the legal position but if the feutus in various stages of development is seen, and the method of termination of pregnancy is seen , I do not think any person with feelings will dare to terminate the pregnancy prematurely. Let nature take its own course. It did in the present case.  I may be to be appearing cynical but GODS WILL PREVAILS.

K.C.Suresh (Advocate)     24 August 2008

Dear Rajan,

Go through my article "Abortion-Is the foetus a human being with right to life?" published in LCI

N.K.Assumi (Advocate)     24 August 2008

There is no dispute either medically or morally that foetus is a human being, and foetus should enjoy human rights and we should all stand for this helpless human being crying to land in this cruel world, from the mother's womb. Is this planet meant only for the perfect human being and those abnormal or whatever you may name it are not fit for this planet? And why should we support MTPA be it 20 weeks or 14 or 1 week or even for 1 second, why should the doctor determine the right to life? This piece of legislation has converted the doctors to act like the Nazis in this country. God has created foetus in his own image why should we seek only the perfect in this planet, when the doctors or even the judges are not perfect. Let the child have its own existence as it is a gift of God. Tell Mehta and his wife that they should not seek only the perfect from God.

N.K.Assumi (Advocate)     24 August 2008

What crime has the child committed that it should be terminated and the doctors acting like the famous hollywood movie star Arnold The Terminator? yes the child is abnormal, but is it his fault? Why should the child be terminated for no fault of his or her? rather the faultt my be the fault of the father or the mother's gene or the wroung diagonosis of the doctor or even the judge? but in any case the fault is not the child's fault? The fault theory is very clear, and the foetus is innocent, so why should we say that No No No with a scissor or the gravel and say that you are abnorml you should be hang or terminated?MTPA is against Human rights law regimes!

Rajan Salvi (Lawyer)     24 August 2008

 I have gone thro' Mr K.C. Suresh's article stated above and it addresses the issue from all angles. The last emotional appeal is truly moving. The movie HUMTUM touches this subject and handles it sensitively.

N.K.Assumi (Advocate)     24 August 2008

Dear Rajan,

                          Could you please tell me who are the actors in the movie HUMTUM that you mentioned? I want to see that movie?

Rajan Salvi (Lawyer)     24 August 2008

Saif Ali Khan , Priti Jinta, Anupam Kher. Enjoy. Good Songs, Great observations on relation between s*xes, no foolishness, contemprory, And the name is Hum Tum.

kashi nath shukla (advocate, )     24 August 2008

In this sensitive matter think positively and leave the child to come in this world . Why the couple bather about the child .kindly suggest them not to be bhagyavidhata.GOD has decided his/her life.

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