A high court in India has agreed to
allow a woman to abort her unborn baby who has a disability.
According to LifeNews.com, the baby reportedly has heart, brain, and
gastrointestinal issues. The baby’s mother requested that she be allowed
to abort the baby, even though the child has reached 27 weeks gestation,
which is weeks past the 20-week abortion cutoff in India.
The woman petitioned the court for the right to abort her child, and the
court granted it to her, stating that having the disabled child would
inflict mental trauma on the woman.
Pro-life advocates are concerned that this case could pave the way for
other late-term abortions by using mental trauma as a way to get around
there being a threat to the mother’s life.
“The HC had asked the woman’s lawyer Meenaz Kakalia to demonstrate if
there was any threat to the mother’s life and she had responded by
saying that mental trauma must be considered as part of risk to her
health and life,” The Times of India reports.
“The bench appeared to agree with her as it referred to past
pronouncements on women’s right to bodily integrity and applying
principle of purposive interpretation of law, held that foetal
malformations, their severity and the effect on women’s mental and
physical health must be read into Section 5 of the Medical Termination
of Pregnancy Act that governs reproductive procedures in the country and
lays down restrictions,” the report continued.
The court also previously granted the petition of a woman who was 31
weeks pregnant to abort her child.