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BOMBAY HIGH COURT PERMITS 24-WEEK PREGNANCY TERMINATION FOR CANCER PATIENT

by | Jul 4, 2024

Introduction

The Bombay High Court has granted permission for a 24-year-old woman diagnosed with stage four pancreatic cancer to terminate her 24-week pregnancy. This decision comes after medical advice indicated that her cancer treatment could not proceed while she remained pregnant.

Background

A young woman undergoing treatment for advanced pancreatic cancer in Mumbai faced a critical health dilemma. Doctors informed her that she could not receive palliative chemotherapy, necessary to alleviate her severe pain and improve her quality of life, while pregnant. As her pregnancy had reached 24 weeks, legal permission from the court was required for its termination.

Key Points

  1. Court Decision: The Bombay High Court granted permission for the woman to terminate her 24-week pregnancy.
  2. Medical Condition: The woman was diagnosed with stage four pancreatic cancer, a life-threatening condition.
  3. Treatment Necessity: Palliative chemotherapy, aimed at relieving symptoms and suffering, was necessary but could not be administered during pregnancy.
  4. Medical Board Report: A medical board set up by the court confirmed the woman’s severe pain and limited life expectancy, supporting the need for termination.
  5. Legal Plea: The woman’s lawyer argued for immediate medical termination to enable essential cancer treatment and alleviate her suffering.

Legal Provisions

Legal Provision Section Details
Medical Termination of Pregnancy Act Section 3(2)(b)(i) Permits termination up to 24 weeks if there is a risk to the life of the pregnant woman.
Medical Termination of Pregnancy Act Section 5 Allows termination at any stage if necessary to save the woman’s life.

Impact

The court’s decision allows the woman to undergo the necessary palliative chemotherapy, potentially alleviating her severe pain and improving her quality of life, despite her terminal diagnosis.

Conclusion

The Bombay High Court’s ruling highlights the critical role of legal and medical collaboration in addressing complex health issues. It ensures that patients can access necessary medical treatments while adhering to legal requirements, ultimately prioritizing the patient’s health and well-being.

 

SOURCE – INDIA TODAY

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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