Woman Diagnosed With Cancer Seeks To Abort 24-Weeks Pregnancy, Bombay High Court Constitutes Medical Board

The Bombay High Court on Monday constituted a medical board to examine if the 24-weeks pregnancy of a married woman could be terminated 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.

"We require the authorities at the K.E.M. Hospital, Mumbai to constitute a Medical Board as prescribed by Section 3(2D) of the Medical Termination of Pregnancy (MTP) Act to examine the Petitioner and ascertain as to whether the Petitioner No.1 is fit to undergo termination of her pregnancy," the bench said in their July 1 order. The bench further requested the Medical Board to submit its report by July 3.

"The Report shall also reflect the effect of the pregnancy on thePetitioner's physical and mental health after taking into consideration her actual and reasonably foreseeable environment," the judges said, while adjourning the matter till July 3.

As per the petitioner, during her pregnancy she was diagnosed with pancreatic cancer with multiple liver metastasis and her doctors told her that she was unfit for Chemotherapy 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.

The matter will be heard on July 3.

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