Right To Reproductive Freedom, Autonomy & Choice: Bombay HC Permits Cancer Patient To Terminate Pregnancy
The Bombay High Court allowed a woman undergoing treatment for cancer to medically terminate her 24-weeks-old pregnancy.
A 24-year-old married woman undergoing pancreatic cancer treatment along with her husband (petitioners) sought permission for medical termination of her 24-week pregnancy due to her health condition. She has been diagnosed with CA tail of pancreas with multiple liver metastasis, rendering her unfit for palliative chemotherapy.
A Division Bench of Justice A.S. Gadkari and Justice Neela Gokhale observed, “There is nothing in the report to suggest that the procedure of MTP poses a risk to her health, save and except that she is anemic requiring transfusion. We have considered the plea of the Petitioner No.1 as stated in the Petition. She states that she is suffering miserably from the ailment and having unbearable pain. She also states that palliative treatment might help her live longer and more comfortably. We are conscious of the right of the Petitioner No.1 to reproductive freedom, her autonomy over her body and her right of choice.”
Advocate Manisha Devkar represented the petitioners, while Addl. P.P. Anamika Malhotra appeared for the respondent.
The Court directed the authorities of a hospital to constitute a Medical Board in accordance with the Medical Termination of Pregnancy (Amendment) Act, 2021, to examine the woman and submit a report. The Medical Board certified that the woman was in Stage 4 of pancreatic cancer and even with treatment, her progress was guarded and medium expected overall survival was approximately 6-12 months.
The Medical Report also suggested that if the pregnancy was terminated at 26 weeks, the baby may be born alive, raising ethical dilemmas for the medical team regarding intervention and the possibility of variable survival for the neonate.
The Court remarked, “We are thus faced with a letter…where he has specifically opined that the general conditions do not allow for chemotherapy. On the other hand, the Medical Board constituted by KEM Hospital pursuant to our request…have opined that the patient can be treated with systemic chemotherapy with ongoing pregnancy, with limited effect on pregnancy.”
Consequently, the Court held, “In these circumstances, considering the opinion of the Medical Board, doctors of Tata Memorial Centre and the wishes of the Petitioners, we are inclined to permit her to medically terminate her pregnancy, if the Petitioner No.1 continues to so desire. The concerned doctors are to determine the appropriate time to carry out the M.T.P. procedure, depending upon the health parameters of the Petitioner No.1 as required for the same.”
The Bench also stated that if the baby were to be born alive, the hospital would be required to provide the neonatal care. “If the Petitioners desire to give the child in adoption after the delivery, the State and its agency will assume responsibility of the child and take such steps as necessary to rehabilitate the child including exercising the option of placing the child in foster care/adoption by following the due legal process,” the Court stated.
Accordingly, the High Court partly allowed the petition.
Cause Title: Mrs. XYZ & Anr. v. The State of Maharashtra (Neutral Citation: 2024:BHC-AS:26193-DB)
