Ind med board to weigh cancer survivor's MTP at 24+ wks: HC
Mumbai:
Bombay High Court
directed that an independent medical board be set up to decide on the termination of an over-24-week pregnancy of a woman who is in remission from breast cancer. "In our view, the interest of justice would be served by passing the following order," said Justices Girish Kulkarni and Advait Sethna on Thursday.
They directed JJ Hospital dean to appoint a board of experts, including a psychologist, to examine her and submit a report to the vacation court.The woman, aged 40, moved HC to permit
medical termination of pregnancy
as she had crossed the 24-week legally permissible limit. Her petition stated that in Aug 2020, she was diagnosed with Stage III breast cancer. Between March and Aug 2021, she underwent treatment that included 8 rounds of chemotherapy, surgery, and 21 cycles of radiation, which she completed in April 2021.
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She was informed that the treatment would have a permanent impact on her future chances of conceiving. Further, that hormonal therapies and chemotherapy induce a menopausal state that was likely to lead to the cessation of menstruation or irregular periods.After experiencing abdominal pain, an April 25 sonography report revealed she was 23 weeks pregnant.
Since her pregnancy was over 20 weeks, on May 3, she approached the JJ medical board constituted under the MTP Act. On May 6, the board declined permission, citing no lethal congenital anomaly noticed in the foetus.The woman's petition stated: "Continuation of pregnancy will cause grave injury to her mental health considering her past history and possible relapse." Since the cost of treatment was significant, she took a loan and paid it off until Nov 2024. She has to spend on check-ups and tests to monitor the recurrence of cancer or other health issues. She is neither financially, physically nor mentally in a position to have another child. The board "did not consider the impact of continuation of the pregnancy on her overall well-being and state of mind".Her advocate, Meenaz Kakalia, said it is imperative she is examined by an independent board. She "is not in a state of mind to undergo the rigours of a complete pregnancy". Kakalia cited a Supreme Court decision that the medical board evaluating a pregnancy above 24 weeks must opine on the physical and mental health of the person. She said SC emphasised the right to choose and reproductive freedom, a fundamental right under Article 21 (Right to Life), adding, "The earlier board did not consider the legal requirements, thus necessitating a reconsideration." The judges agreed an independent medical board be constituted "to assess the physical as well as psychological condition of the petitioner...".
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