Bombay High Court Permits Woman Diagnosed With Cancer To Terminate 25-Weeks Pregnancy, Says She Has 'Reproductive Freedom'

The Bombay High Court on Wednesday allowed a married woman to terminate her over 25-weeks pregnancy so as to allow her to avail treatment against cancer.

A division bench of Justices Ajay Gadkari and Neela Gokhale noted that the woman was diagnosed with pancreatic cancer, while she was pregnant.

The judges noted that the medical report did not mention any risk to the life of the woman if she is permitted to under the Medical Termination of Pregnancy (MTP).

"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 anaemic 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," the judges recorded in their order.

"We are conscious of the right of the Petitioner No.1 to reproductive freedom, her autonomy over her body and her right of choice. 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 Petitioner No.1 continues to so desire," the bench said in the order.

The bench had on July 2 constituted a medical board under a team of doctors of various departments of the King Edward Memorial (KEM) hospital to examine the woman and opine if she can undergo MTP.

As per the petitioner during her pregnancy, she was diagnosed with CA tail of pancreas with multiple liver metastasis and her doctors told her that she was unfit for Chemotherapy for the poor prognostic metastatic CA pancreas on account of her pregnancy. She even placed on record a letter dated June 26, 2024 of a doctor working with the Tata Memorial Centre addressed to the Obstetrics and Gynaecology Department of the King Edward Memorial Hospital, with a request to evaluate her and consider the possibility of aborting her pregnancy.

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