Mumbai: The Bombay High Court has permitted foeticide in the uterus before medical termination of a nearly 34-week pregnancy in which the foetus has a genetic bone growth disorder characterised with shortened arms and legs and a large head.Considering the “advanced gestational age” and the report of the medical board of J J Hospital, Justices Bharati Dangre and Manjusha Deshpande on Friday permitted “petitioner no.1 to terminate the pregnancy by performing feticide in utero prior to delivery.”The woman (37) and her husband moved the HC after the medical board of the District Civil Hospital, Thane, on March 20 advised against MTP. It opined that the foetus is detected with non-lethal short limb skeletal dysplasia. There is “no life-threatening anomaly identified” and the condition is compatible with postnatal survival. On Thursday, the couple’s advocate, Meenaz Kakalia, relied on HC’s Feb 2025 decision where JJ board had recommended MTP of a foetus with skeletal dysplasia. Therefore, HC directed JJ board to examine the petitioner and give its opinion.The judges noted that the board in unison recommended MTP and concluded that the “foetus is affected by serious congenital abnormality and/or mental abnormalities, and continuation of pregnancy is likely to result in the birth of a child with significant morbidity.” As the foetus, “approximately 33-34 weeks,” may be born alive and since the couple sought foeticide in utero before termination, the board permitted it, subject to the HC’s approval.Questioning the petitioners’ insistence on foeticide, state’s advocate Molina Thakur said that JJ has conducted many MTPs earlier and “termination can be done by following the due process.” Kakalia, however, cited the Ministry of Health and Family Welfare’s guidance note that necessitates foeticide procedure in pregnancies beyond 24 weeks. She explained that “because the foetus is formed substantially, if only termination is done, the foetus may still be born alive.“Addressing Thakur, Justice Dangre said, “Now the opinion is the child is going to be born with so many malformations. Who is going to cater to this child? The State? You expect the State to do it? That’s why the parents don’t want to give birth to this child because that will be a burden.” She further said the procedure probably is that before termination, “the foetus itself is eliminated.”The judges took note of Centre’s guidelines, framed on request from Supreme Court/HCs, set out procedures and steps for MTP, including stopping foetal heartbeat. Allowing the petition, they concurred with JJ board’s opinion, “which has also kept in mind the autonomy and wishes of the patient, who had desired for foeticide in utero prior to delivery.” As JJ does not have facility and expertise to carry out foeticide procedure and the couple desired to have it done in a private hospital, the judges permitted it “at their risk and consequences.“
