Get swab test before abortion, HC tells woman from containment zone

MUMBAI: In what is probably the first such case in Maharashtra, the Bombay High Court has ordered a pregnant woman to first undergo a swab test for Covid-19 before she proceeds to terminate her 21week pregnancy. The HC has ordered the woman to submit an undertaking that she will first get a swab test before getting an abortion.

A bench of Justice Vijay Achliya was petitioned by the woman who lived in a building declared a containment zone by the authorities in Aurangabad. In her plea, the woman claimed to have initially undergone an ultrasound which revealed that there was no skull and brain development in the fetus and the spine was abnormal. The local doctors told her that if her child would be born then there was a substantial risk it would suffer physical and mental abnormality.

The HC had last week ordered a medical board comprising doctors from government-run hospitals, to examine the woman and submit their opinion on whether the woman should be allowed to abort. The board, in its report stated, "If allowed to be born, the child would not be able to survive even with medical intervention and assistance. Thus, abortion would be inevitable and necessary." However, since the woman lives in a containment zone, "Termination of pregnancy has due risk to mother and thus she will have to undergo swab test for Covid-19. The risk involved is explained to her and her relatives," the report added.

Having perused the medical board's opinion, Justice Achliya noted that the doctors have urged the bench to take an undertaking from the woman to first undergo a swab test for Covid-19.

"The medical board has opined that termination of pregnancy has due risk to the petitioner and same has been explained to her as well as her relatives. It is further opined that since she belongs to a containment zone, she will have to undergo swab test for Covid19," Justice Achliya noted.