New Delhi: The Supreme Court on Wednesday issued notice to the Centre and West Bengal government seeking a direction for termination of a foetus of Kolkata-based woman which is more than 20 weeks old as it was suspected that the foetus suffered from Tetrology of Fallot, a combination of four impairments in the heart.
A vacation Bench of Justices D.Y. Chandrachud and Sanjay Kishan Kaul issued notice and posted the writ petition filed by Ms. Sarmishtha Chakraborty and her husband Anirban Chakraborty for further hearing on June 23.
The petitioners also challenged the constitutional validity of the provisions of the Medical Termination of Pregnancy Act, 1971 (MTP) which restricted to the ceiling of 20 weeks for termination of pregnancy.
The petitioners submitted that it was during a foetal echocardiography conducted on 25.05.2017, that it was first suspected that the foetus suffered from Tetrology of Fallot, a combination of four impairments in the heart. Further, a subsequent foetal echocardiography done on 30.05.2016 confirmed the same. However, as the foetus had crossed the 20 weeks mark it could not be aborted, though it may be safe to do so.
Hence the denial of her right to an abortion has caused Petitioner No.1 extreme anguish and worry and has forced her to continue her pregnancy while being aware that the foetus may not survive after being born.
They said the medical opinion provided by Dr. Devi Shetty stated that, from his experience of having treated more than 1,000 of infants with a similar heart condition, has been that most of these children do not survive till adult life even after multiple corrective surgeries that are necessary to sustain the life and that individuals with this condition. In such cases, the person will remain completely dependent on others to care for his/her due to the complexity of the problem resulting in very low oxygenation of the body.
Hence the continuation of pregnancy is going to gravely injure her mental and physical health and that the overriding consideration here is that she has a right to take all such steps as necessary to preserve her own life against unavoidable danger to it, the petition said and sought a direction to allow the pregnancy to be terminated.
