Woman Refused Abortion By Supreme Court Post 20 Weeks, Baby Dies

A 28-year-old woman had moved the Supreme Court in May seeking permission to abort her 27-week-old foetus as the baby was diagnosed with a severe neurological disorder but the court denied permission on 27th March, leading to the baby's death a fortnight ago. Born with abnormalities at the KEM hospital in Mumbai on 4th July, the baby was diagnosed with an abnormality called Arnold Chiari Syndrome Type-II in which the fluid collects in the brain and spinal cord. The court had rejected her plea after seeking the opinion of doctors at the hospital who said the baby could be born alive.

The parents were asked to take the baby boy home as no medicine could save the baby according to the doctors. Dr. Nikhil Datar, the gynaecologist who helped the woman with her petition told a news publication that Indian law, which allows medical termination of pregnancy only up to 20 weeks, prolonged a mother's agony. Dr. Datar said, "Ultimately who has been punished? The mother and the baby. The woman was left to suffer after being told that her baby was suffering from severe anomalies."

Dr. Bipin Pandit, a gynaecologist, told a news wire that, "Many foetal abnormalities can be diagnosed only after 20 weeks. Certain deformities can be diagnosed earlier, but by the time the family comes to terms with the issue, they near the 20-week deadline. The only way to resolve such situations is to increase the abortion limit to 24 weeks."

The woman's father also added by saying, "What has the court achieved? My daughter had to face the trauma of seeing her child die in front of her eyes." In a report, the woman told The Times of India that in a petition she had filed in the court, she mentioned that she had a bed-ridden handicapped brother. She had seen her brother suffer, and the sacrifices that the family had to undergo. Having seen all these difficulties in the past, she didn't want her child to undergo the same pain and trauma.

Dr Subha Sri B, chairperson of Chennai-based NGO CommonHealth, told a news wire that, "It is not as if a woman wakes up one morning and decides to terminate. She may be forced by circumstances, but she is ultimately the one who will face consequences of the  birth."

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