No decision yet to approach SC: Lawyer
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DNA Web Team
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The woman whose plea for abortion of her 26-week foetus was rejected by the Bombay High court has not decided yet whether to approach the Supreme Court.
MUMBAI: The woman whose plea for abortion of her 26-week foetus was rejected by the Bombay High court has not decided yet whether to approach the Supreme Court, as offers poured to look after the child when it is born.
Monday's high court order which triggered an intense debate meanwhile saw another twist when the U-turn by a panel of doctors whose views over abortion of the foetus was relied by the judges to disallow 31-year old Niketa Mehtra to terminate her pregnancy was blamed on a transcribing error by a stenographer at the government-run JJ hospital.
Amit Karkhanis, the lawyer for Niketa and her husband, said that the couple has not yet thought if they want to challenge the high court's order denying permission to the woman to abort the foetus which has a heart defect.
The CEO of Jaslok hospital Col M Masand said his hospital will give the infant a free pacemaker and bear the cost of surgery while Cardinal Oswald Gracias, Archbishop of Mumbai, offered to adopt the child.
"We have offered to adopt the baby and ensure that it is bought up well and the mother need not have any concern on that score. The Church very clearly takes a clear and strong stand about the abortion. We are totally against it," said Gracias. The child would require costly pacemakers which needed to be changed once in five years, the couple's lawyer said.
The existing Medical Termination of Pregnancy laws allow abortion only if the foetus is not more than 20 weeks old and if there is a threat to the mother. But there were calls to amend the laws to have later-stage abortions.
"It was a typo ," said Dr B M Subnis, Dean of the JJ Group of hospitals whose panel of three doctors submitted two reports to the court which was considered by the court before it gave its order.
On Saturday, the hospital's report concluded "The committee is of the opinion that there are very fair chances that child will be born incapacitated and handicapped to survive." But on Monday morning, a second report was submitted which was identical except that it said "The committee is of the opinion that there are very least chances that child will be born incapacitated and handicapped to survive."
Admitting the error, Subnis said his stenographer had committee the error while wrongly transcribing "very few" to "very fair" and blamed it on her work pressure.
"My stenographer, who was receiving calls from teh High Court and also there was a lawyer sitting and saying hurry up. In her hurry whatever she had taken in shorthand she typed 'very fair'(in the first report)," he said.
About Niketa's plight, Dr Y Matchiswala, consulting Psychiatrist at Masina Hospital, felt the growth of the foetus is likely to be affected.
"It is already an unwanted pregnancy. The lady was seeking legal recourse to terminate the child and after the court's order is under severe duress. This situation may lead to emotional rejection of the baby by the mother," he added.
Mother's stress is also bad for the baby growth in the womb and can lead to complications during labour, he further said adding, "The child may have long term personality changes and psychological problems in later life."
"Though the judgement of the high court was correct, the Medical Termination of Pregnancy (MTP) Act needs to be amended, said noted lawyer Uday Warunjikar.
"The order is technically correct. However, Jurisdiction of the High Court is with respect to interpretation of the statute, but under section 226, there was a scope for judicial activism," he said.
"The petitioners failed to substantiate their contention about risk to the child upon birth, so the judgement is correct and legal," he said.
Monday's high court order which triggered an intense debate meanwhile saw another twist when the U-turn by a panel of doctors whose views over abortion of the foetus was relied by the judges to disallow 31-year old Niketa Mehtra to terminate her pregnancy was blamed on a transcribing error by a stenographer at the government-run JJ hospital.
Amit Karkhanis, the lawyer for Niketa and her husband, said that the couple has not yet thought if they want to challenge the high court's order denying permission to the woman to abort the foetus which has a heart defect.
The CEO of Jaslok hospital Col M Masand said his hospital will give the infant a free pacemaker and bear the cost of surgery while Cardinal Oswald Gracias, Archbishop of Mumbai, offered to adopt the child.
"We have offered to adopt the baby and ensure that it is bought up well and the mother need not have any concern on that score. The Church very clearly takes a clear and strong stand about the abortion. We are totally against it," said Gracias. The child would require costly pacemakers which needed to be changed once in five years, the couple's lawyer said.
The existing Medical Termination of Pregnancy laws allow abortion only if the foetus is not more than 20 weeks old and if there is a threat to the mother. But there were calls to amend the laws to have later-stage abortions.
"It was a typo ," said Dr B M Subnis, Dean of the JJ Group of hospitals whose panel of three doctors submitted two reports to the court which was considered by the court before it gave its order.
On Saturday, the hospital's report concluded "The committee is of the opinion that there are very fair chances that child will be born incapacitated and handicapped to survive." But on Monday morning, a second report was submitted which was identical except that it said "The committee is of the opinion that there are very least chances that child will be born incapacitated and handicapped to survive."
Admitting the error, Subnis said his stenographer had committee the error while wrongly transcribing "very few" to "very fair" and blamed it on her work pressure.
"My stenographer, who was receiving calls from teh High Court and also there was a lawyer sitting and saying hurry up. In her hurry whatever she had taken in shorthand she typed 'very fair'(in the first report)," he said.
About Niketa's plight, Dr Y Matchiswala, consulting Psychiatrist at Masina Hospital, felt the growth of the foetus is likely to be affected.
"It is already an unwanted pregnancy. The lady was seeking legal recourse to terminate the child and after the court's order is under severe duress. This situation may lead to emotional rejection of the baby by the mother," he added.
Mother's stress is also bad for the baby growth in the womb and can lead to complications during labour, he further said adding, "The child may have long term personality changes and psychological problems in later life."
"Though the judgement of the high court was correct, the Medical Termination of Pregnancy (MTP) Act needs to be amended, said noted lawyer Uday Warunjikar.
"The order is technically correct. However, Jurisdiction of the High Court is with respect to interpretation of the statute, but under section 226, there was a scope for judicial activism," he said.
"The petitioners failed to substantiate their contention about risk to the child upon birth, so the judgement is correct and legal," he said.