SC turns down plea for aborting foetus with Down Syndrome
LEGAL POINT Centre’s counsel opposes plea on basis of report submitted by doctors at KEM
The Supreme Court rejected on Tuesday a woman’s plea to terminate her 26-weekold foetus on the grounds it suffered from Down Syndrome.
A bench of Justice SA Bobde and Justice LN Rao relied upon court-appointed medical board’s advice not favouring the abortion and said “we have a life in our hands”.
“Everybody knows that children with Down Syndrome are undoubtedly less intelligent, but they are fine people,” the bench told the petitioner’s counsel.
In its report submitted a day earlier, a panel of doctors from KEM hospital held that the baby had chances of survival and, therefore, abortion was not advisable. It, however, did conclude that the foetus was “likely to have mental and physical challenges.” Centre’s counsel solicitor general Ranjit Kumar opposed the plea on the basis of the report.
Although the bench went by the board’s opinion that said there was no risk to the petitioner’s health, it said orally that it “was a very sad for a mother to bring up a mentally retarded child.”
The 37-year-old woman from Alibaug, Maharashtra, approached SC last week because the law does not allow a woman to abort if her pregnancy crosses 20 weeks. It is allowed only in cases where childbirth is likely to cause grave injury to the woman’s health and/or increase or induce risk of abnormalities in the child.
Since the petitioner has also challenged the validity of the law
PETITIONER’S COUNSEL COLIN GONSALVES ARGUED IF A FOETUS IS DETECTED WITH DOWN SYNDROME BEFORE THE CEILING, DOCTORS ADVISE ABORTION
because it does not allow a woman to exert her right, the bench said it would hear it with other similar petitions .
During proceedings, the bench asked the solicitor to address the court on whether a foetus can be termed as an independent life. “If it’s independent then can another person — her mother— take away the life. And if it’s not an independent life then it’s like any other organ in a woman’s body,” the bench said.
Petitioner’s counsel Colin Gonsalves argued if a foetus is detected with Down Syndrome before the 20 week ceiling doctors advise abortion. He said no other country in the world had restrictions like these.
“In these circumstances, as per the present advise, it is not possible to grant permission to terminate the pregnancy,” the court said in its brief order.