Woman moves Calcutta HC to abort 24-week ‘abnormal’ foetus

KOLKATA: A 32-year-old woman from Jodhpur Park moved the Calcutta high court on Thursday seeking to terminate her 24-week pregnancy on the ground that the foetus suffers from a severe brain anomaly.



If given birth, this anomaly could render the newborn neurologically challenged for life or may not survive for long. The court observed that it might be necessary to constitute a medical board and reserved its judgment for Friday, when it will hear the state’s argument. The Medical Termination of Pregnancy (MTP) Act, 1971, prohibits termination of pregnancy after 20 weeks, though exceptions have been made on medical grounds.

This is the petitioner’s second pregnancy in seven years of marriage. She had a miscarriage earlier. The couple, expecting their first child, were left in shock when doctors told them that the foetus had severe anomalies in the brain. All four doctors they consulted suggested medical termination of pregnancy.

According to the couple, reports of the first two ultrasonography tests—one on the 7th week and the other on the 13th week—were uneventful.

MTP period should be extended to 24 weeks’

A third USG test done on December 19 during the 20th week of pregnancy led the woman’s gynaecologist to suspect a tumour in the brain of the foetus and advised her to undergo a foetal anomaly test, which she underwent on December 24. The test results confirmed tumour on December 26.



“Between December 19 and 24 the tumour had grown in size by about 4mm,” the couple said. On getting the report, the couple consulted two more doctors. All four opined that the foetus be aborted.

“Since the law does not allow abortion beyond 20 weeks of pregnancy, we have knocked the doors of the court,” the couple said.

The MTP Act 1971 allows a woman to undergo abortion till 20 weeks of pregnancy, beyond which a court’s approval is required.

Doctors said abortion during the first trimester (within 12 weeks) was the best since it leads to fewer complications. But the more the foetus grows with every passing day, the risks multiply. That is the reason the law does not permit abortion beyond 20 weeks.

“But some anomalies in the foetus can only be detected at a later stage of pregnancy. For example, some cardiac anomalies can be seen through foetal echocardiography only around 22 weeks. By that time, the would-be mother has already crossed the legally permissible period,” said Bengal Obstetrics and Gynaeclogical Society secretary Basab Mukherjee.

The foetal anomaly scan conducted between 19 and 20 weeks of pregnancy does not always detect anomalies. With the development of technology, some congenital conditions can now be detected as late as the 24th week. Doctors said the sed since then and years when medical termination of pregnancy Act was framed in 1971. Almost five decades have passed since then and MTP now is much safer with better technology and medication.

“This window should now be extended till 24 weeks,” said Mukherjee.

On Thursday, Amitabha Ghosh, appearing for the petitioner pleaded with the court to intervene in the case and allow his client to terminate the pregnancy. Ghosh cited the investigation reports showing the anomaly in the brain of the foetus and also the advise from two doctors favouring the abortion.

Justice Tapabrata Chakraborty observed that the opinion of the state was essential to adjudicate the case. Additional advocate general Abhratosh Majumdar told the court he would take instructions from the state by Friday and give the state’s submission to the court by 1 pm. The court will hear the matter at 1 pm on Friday. Justice Chakraborty directed the petitioner’s husband to be present during the Friday’s hearing.