In a significant ruling, the Bombay High Court has permitted a 24-year-old woman suffering from advanced pancreatic cancer to undergo medical termination of her 25-26 week pregnancy. The judgment was delivered on July 3, 2024, by a division bench comprising Justice A.S. Gadkari and Justice Dr. Neela Gokhale in Criminal Writ Petition No. 2794 of 2024.
Background of the Case
The petitioners, a married couple identified as Mrs. XYZ (24) and Mr. XYZ (34), approached the court seeking permission for medical termination of Mrs. XYZ’s pregnancy, which had progressed beyond 24 weeks. Mrs. XYZ was undergoing treatment for cancer, specifically diagnosed with “CA tail of pancreas with multiple liver metastasis”.
Key Legal Issues
The case raised several important legal and ethical issues:
1. The right to reproductive freedom and bodily autonomy of the woman
2. The legal and ethical considerations of terminating a pregnancy beyond 24 weeks
3. The medical risks and benefits of continuing the pregnancy versus termination
4. The potential survival and care of a prematurely born child
Court’s Decision and Observations
After careful consideration of medical opinions and the petitioners’ wishes, the court allowed the medical termination of pregnancy. The judges noted:
“We are conscious of the right of the Petitioner No.1 to reproductive freedom, her autonomy over her body and her right of choice”.
The court’s decision was based on the following key points:
1. Medical Board’s Opinion: A Medical Board constituted by KEM Hospital, Mumbai, examined Mrs. XYZ and provided a detailed report. The board concluded that while the pregnancy could be continued with chemotherapy, the patient’s long-term survival was not affected by medical termination.
2. Conflicting Medical Opinions: The court noted conflicting opinions from different doctors regarding the feasibility of chemotherapy during pregnancy. While one doctor initially stated that chemotherapy was not possible, others, including the Medical Board and doctors from Tata Memorial Centre, opined that chemotherapy could be administered with limited effects on the pregnancy.
3. Patient’s Condition: The court considered Mrs. XYZ’s statement that she was “suffering miserably from the ailment and having unbearable pain”.
4. Foetal Viability: The court acknowledged that if the pregnancy is terminated at 26 weeks, the baby may be born alive and would require resuscitation as per neonatal guidelines.
Court’s Directives
The court provided the following directives:
1. The medical termination procedure should be carried out at an appropriate time determined by the concerned doctors, considering Mrs. XYZ’s health parameters.
2. If the baby is born alive, the hospital must provide necessary neonatal care.
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3. If the petitioners wish to give the child up for adoption, the State will assume responsibility for the child’s rehabilitation, including the option of foster care or adoption.
4. The Medical Board was granted immunity from any potential medico-legal liability arising from their opinion.
The case was argued by Ms. Manisha Devkar for the petitioners, while Smt. Anamika Malhotra, Additional Public Prosecutor, represented the State of Maharashtra.
