The 37 year old Medical Termination of Pregnancy (MTP) Act says, pregnancy cannot be terminated after the 20th week unless there is a health risk to the mother. Congenital heart defects and other chromosomal anomalies in the foetus can be confirmed only by the 20th to 24th week. What should a mother do in case congenital heart defect is detected in her unborn child? Watch her child suffer in front of her eyes all her life. The trauma is unimaginable for somebody who hasn’t been through this or witnessed somebody else suffer through such misfortune. The other way is, she goes to her local doctor, and asks her to doctor the pregnancy records. There is a fair chance that she will find a few doctors who will be prepared to do so for various reasons. The doctor will certify that the foetus 19 weeks old and terminate the pregnancy legally. One more alternative is to try and find a solution legally and do what the Mehtas did. Niketa and Haresh Mehta approached the Bombay High Court The plea was rejected. The court observed that medical experts did not express any “categorical opinion that if the child is born it would suffer from serious handicaps.” Bombay High Court further ruled that it was up to Parliament and not the court to change the provisions of Indian law.
Bishop Agnelo Gracias, offered help- “If the baby is healthy, they may want to keep it. If it is any way deformed and they would like to give it for adoption, surely we would be ready to take it up through Mother Teresa’s nuns, through Jeevan Jal, through any such agencies. He advised Niketa against abortion. It is not that simple. Which mother would like her child to live on charity? I think the decision to abort in this case arises out of love for the unborn child and not because the parents don’t want to have a child. Watching your child suffer and lead an abnormal life is not easy. A lot of suffering is involved in bringing up an abnormal child. Society in India is not tolerant and encouraging to anyone with disabilities. It is easy to sermonise on morals, ethics and religion but practical life is different. When parents watch their child suffer while other children play merrily, they die a hundred deaths.
It is the parents, who are responsible for the wellbeing of the child, so its only fair that they decide their future course of action. The flip side is that if the court ruled in the favour of the Mehtas, it could have been misused. Female foeticide is the cause of worry. But that is happening anyway. People and doctors involved in the gruesome act of female foeticide are doing it illegally and will continue doing so despite the law. Social transformation and political will, not law is required to cure this malaise. A lot of effort is involved in bringing up an abnormal child. In this case, the child will have to be fitted with a pacemaker every few years. It is not easy financially or emotionally. When there is little chance of the child leading a normal life then decision to keep or abort the child should be taken by people who are most impacted. Today, in this world of family planning, child birth is not just an impromptu event. If parents decide to terminate the pregnancy on doctor’s advice, I think their decision should be respected.
from Vishesh :)
from Reema :)
18 Comments
August 5, 2008 at 3:36 pm
Hi. Just your blog. I am a journalist with India Today and we are working on a story about reactions in blogosphere on this case. Can I interview you over the phone or via email?
Cheers, Rohit Karir, 9810291862, rkarir@gmail.com, Assistant Editor, Mail Today, New Delhi.
August 5, 2008 at 3:40 pm
Yes it should be accepted!! Afterall abortion is not always bad! You may be saving someone from life long torture!!!
August 5, 2008 at 4:50 pm
This is a post after my own heart. I have seen a 3-month-old infant suffer. I dread what this couple will face.
I pray that their child is healthy.
I don’t understand why the doctors who are sure that kid will be born with congenital defect, were not able to prove so to the court.
Its not that only a child would suffer, so will entire family seeing the suffering. Don’t change law, but at least respect people who take legal routes. I can understand they did not change rule. But this couple should have been given special consideration, they do not have time on their side either.
I will hope for the best.
August 5, 2008 at 7:53 pm
I dont know about the case but from the topic I can say I agree with you. A couple should have the choice to terminate the foetus if its been diagnosed with some congenital defect. After all why has the science progressed so much in medical science that its able to tell the anomalies beforehand? so that we can take the right decision.
And I guess this can be extended to euthanasia or mercy killing.
August 5, 2008 at 9:13 pm
This is a question I have no answers for. I cannot say terminate and I cannot say do not terminate. If I ever get clear in my head about this, I’ll write about it!
August 6, 2008 at 7:57 pm
Prerna:
For everyone else – apart from this couple – the question is hypothetical. So we can converse all we like. They will still be the ones who bear the outcome in all its glory, whether they have over-assessed the risks and costs, or under-estimated them.
August 6, 2008 at 10:27 pm
This is a really thought provoking post…though I have nothing to share since all I can do is to emphasize with your point..
August 6, 2008 at 10:45 pm
[...] Prerna’s post [...]
August 6, 2008 at 10:46 pm
linked up your post to mine… hope you dont mind…
http://thebratthebeanandbedlam.wordpress.com/2008/08/06/whats-a-good-time-for-you/
August 7, 2008 at 10:56 am
You are most welcome @the mad momma.
August 7, 2008 at 5:17 pm
[...] Prerna points out the realpolitik of how lives can be made more difficult if one pursues the legal route rather than go to a less-than-scruplous doctor to get an abortion when the stipulated 20-weeks limit has passed. [...]
August 7, 2008 at 8:53 pm
[...] Like everyone else, I have been reading about the Niketa Mehta case and feeling quite disturbed about it. I also read a few blogs with different opinions on the topic (Mad Momma, Soumya, Maami, Prerna). [...]
August 8, 2008 at 12:48 am
mercy killing of the foetus!! Mercy killing of ur own dad when he’s 90!! what’s the difference?? C’mon ppl won’t kid(yeah unborn, so wat??) won’t want to see the world?? Can your mum decide to kill you whenever she wants just because you are too sick to voice your opinion and she can’t bear you being sick??
August 8, 2008 at 9:25 am
[...] by their readers to write like Nita and Mad Momma. Others who I’ve read are Shefaly, Lekhni, Prerna and Maami. There are a few others who I read as well but didn’t remember to note their [...]
August 8, 2008 at 9:44 pm
i know you left a comment … but it disappeared. :/
August 11, 2008 at 4:08 pm
Roop, that is sad
The wordpress guys didn’t agree with my views it seems.
February 25, 2009 at 3:41 pm
i think that even the idea of termination of pregnancy itself is really inhuman..i know all about the suffering, watching your own child struggling in order to live and more..but living with the feeling guilty about it is so much worse.and you never know what you’ll got for the trade in the hereafter. and for the child, yeah they will suffer and sometimes wonder why they even been brought to this world.but there are always reasons why in the first place you are here.and they’ll figure it out themselves, if you give them a try
February 28, 2009 at 5:50 am
A lot of pple seem to agree with termination without seing that “20 weeks” is almost 5 months!
and when it comes to who should decide, about as many people forget the “foetus” is a human baby – who would have a say if she/he could talk.
But it’s so much easier to “terminate” responsibilities, and put your personal comfort before your child’s existance.