Doctor can abort over 20-week pregnancy to save woman's life: Bombay High Court
Mumbai: A registered doctor can terminate a pregnancy that has crossed the 20-week period without permission from the court only if it poses risk to the woman's life, the Bombay High Court has ruled.
A division bench of Justices A S Oka and M S Sonak in its judgement on Wednesday, however, said permission from either the HC or the Supreme Court will have to be sought when a pregnancy has exceeded 20 weeks and the woman feels its continuation would involve risk to her or the foetus' mental/ physical health.
The bench also directed the Maharashtra government to constitute medical boards at district levels within three months to examine pregnant women, who wish to terminate their pregnancy after it has crossed the 20-week period.
Under provisions of the Medical Termination of Pregnancy (MTP) Act, a pregnancy that has crossed the 20-week period cannot be terminated.
The bench in its order noted that there has been an increase in number of pleas in the high court by women seeking to terminate pregnancy either on grounds that the foetus developed abnormalities or because continuation of the pregnancy was causing mental or physical anguish.
The bench said high courts can permit women to undergo medical termination of their pregnancy in contingencies even though its length may have exceeded 20 weeks.
"In cases where a registered medical practitioner is of the opinion, formed in good faith, that termination of pregnancy, which has exceeded 20 weeks, is immediately necessary to save the life of the pregnant woman, there is no necessity for even seeking any permission," the court said.
"Thus, if a doctor is of the opinion that if the pregnancy is not medically terminated immediately the woman may die, then it is the duty of such a doctor to undertake the termination process and the MTP Act provisions will afford immunity to such doctors," it said.
The bench said permission from HC will be necessary if a woman seeks to medically terminate her pregnancy not on the grounds that are not immediately required to save her life, but on grounds like its continuance would involve grave injury to her physical/mental health and/or there is substantial risk that the child when born would suffer from abnormalities.
The court also made it clear that if despite attempts at medical termination of pregnancy the child is born alive, then the doctor and the hospital concerned will have to assume full responsibility to ensure the baby is offered the best medical treatment.
"Though there is a debate as to whether the foetus is a person entitled to rights, there is no debate on the issue that a child born alive is a person, in whom the right to life and personal liberty inheres," the court said.
"We make it clear that under no circumstances such a child must be neglected or left to perish, particularly where the woman or her family members may not be in a position to or not willing to assume responsibility," it said.
The court observed that in ideal situations, the instinct of the parents will no doubt take over when it comes to the love and care to be offered to such a child.
"However, in the unfortunate situation where, for several myriad factors, the parents are unwilling or genuinely not in a position to care for the child, then the state government will assume parental responsibility towards such a child," the court said.
The bench directed the government to frame a policy to address such situations and sought an affidavit of compliance from the state health secretary on July 8.
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Inappropriate for MLAs seeking free IPL tickets, says D.K. Suresh
Bengaluru: Bengaluru Milk Union Ltd President D.K. Suresh on Monday said it is inappropriate for MLAs to seek free IPL tickets, adding that those interested in watching matches should pay for them personally.
Speaking to reporters near his residence in Sadashivanagar, he said, “IPL is a commercial tournament and does not represent the country. It is not right for public representatives to focus too much on such matters.”
Referring to the recent controversy during the RCB celebrations, he said, “let us find out who benefited the most from the statements made during the incident.” He also pointed out that BJP MLAs had received IPL tickets as well.
Responding to discussions about relocating the Chinnaswamy Stadium, Suresh said the government has already approved the construction of a new stadium at a location he had proposed.
“I had suggested building a stadium in Surya City and submitted a proposal for it. Bengaluru needs four stadiums in four directions to cater to its growing population and encourage youth participation in sports,” he said.
He noted that apart from Kanteerava Stadium, KSCA, and the Football Stadium, there are limited facilities in the city.
“When I was a Lok Sabha member, I had proposed allocating 100 acres in my constituency at Surya City. The land was later earmarked and the plan approved,” he added.
Suresh said he has discussed the project with Minister Zameer Ahmed Khan, Rajiv Gandhi Housing Corporation Chairman Shivalingegowda, and Anekal MLA Shivanna.
“The Cabinet has now approved the project, and a stadium will be developed on around 50–60 acres,” he said.
He further added that he has requested the Deputy Chief Minister to build another stadium at Shivarama Karanth Layout through the BDA, where 40 acres have been allocated. Plans are also being discussed to develop a well-equipped stadium in Bidadi.
Commending state government's recent bilingual policy move, Suresh said forcing children to learn three languages could affect their comprehension.
“It is a good decision to make two languages compulsory. Learning a third language should be left to the choice of students and parents,” he said.
Responding to criticism from BJP leaders, he said their tendency is to oppose every decision of the government.
“To please their central leadership, they take a pro-Hindi stance. Instead, they should advocate for the adoption of Kannada in all states,” he said.
When asked about the earlier three-language policy under Congress, he said, “the situation is different now. Today, the focus should be on quality learning. Kannada should remain the primary language, while students and parents can choose an additional language.”
