SC denies permission to abort foetus with Down’s Syndrome

THE BENCH ASKED THE SOLICITOR TO ADDRESS THE COURT ON WHETHER A FOETUS CAN BE TERMED AS AN INDEPENDENT LIFE

The Supreme Court on Tuesday rejected a woman’s plea to terminate her 26-week-old foetus because it had been diagnosed with Down’s Syndrome.

The 37-year-old woman from Alibaug approached the court 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 or induce abnormalities in the child.

A bench of Justice SA Bobde and Justice LN Rao relied upon the court-appointed medical board’s advice that did not favour 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 an 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 the board’s opinion that 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.”

Since the petitioner has also challenged the validity of the law because it does not allow a woman to exert her right, the bench said it would hear it with other similar petitions. 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 take away the life. And if it’s not independent, then it’s like any other organ in a woman’s body,” it said.

Petitioner’s counsel Colin Gonsalves argued if a foetus is detected with Down Syndrome before the 20 weeks, ceiling doctors advise abortion. He said no other country in the world had restrictions like these.

“In these circumstances, it is not possible to grant permission toterminatethepregnancy ”the