SC Allows Plea For Termination Of 22-Week-Old Foetus Having Complex Neurological Condition [Read Order]

The Supreme Court has allowed termination of a 22-week foetus which has complex neurological condition called aqueductal stenosis and hydrocephalus.

A bench of Justice Dipak Mishra and Justice AM Khanwilkar was hearing a writ petition filed by one Sonali Sandeep Jadhav.

In an order dated July 24, 2017, the bench had directed petitioner’s examination by a medical board consisting heads of the departments of Gynecology, Neurology and Cardiology of JJ Hospital in Mumbai.

Pursuant to this order, a report was submitted wherein one of the members of the team that examined the petitioner, Dr KN Shah, a pediatric neurologist, said complications arising due to the said condition may harm the foetus’ developing brain and possibly lead to cognitive impairment. After birth, the baby would need neurological procedure like shunting, which might be quite costly, he said.

The final report said: “Patient spontaneously expressed her desire not to continue with the pregnancy. She has also submitted a letter which states that she desires termination of pregnancy since there is substantial risk of mortality and morbidity in the foetus if born alive. We find that continuation of pregnancy shall pose severe mental injury to her. We have explained hazards of the procedure which she has understood. Such terminations can only be possible if awarded by Hon'ble Supreme Court.”

Noting the similarity of this case with the case of Sarmishtha Chakrabortty and Another vs Union of India Secretary and Others, the court directed medical termination of the foetus to be conducted at Sir JJ Group of Hospitals.

Incidentally, senior advocate Colin Gonsalves appeared for the petitioner in both of these cases.

Recently, a bench headed by CJI JS Khehar had rejected a plea for termination filed by a 10-year-old rape victim whose foetus was 32 weeks old.

CJI Khehar had told Solicitor General Ranjit Kumar that such cases were piling up in the apex court and “that too when time is too short for us to decide”.