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Friday, Aug 08, 2008
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High Court verdict

This refers to the Bombay High Court verdict declining permission to Haresh and Niketa Mehta to abort Niketa’s foetus in her 26th week of pregnancy. In a medico-legal case of this kind — in which a 24-week foetus was diagnosed with a complete heart blockage triggering the fear that the child could be handicapped after birth — the court should have risen above Maxwell’s interpretation of statutes and other shackles to legal expansion. According to the law, medical termination of a foetus after 20 weeks of pregnancy is permissible only when there is a risk to the mother’s health.

Will not concerns about the possible condition of the child after birth endanger Niketa’s health? This fact has been lost sight of by the court while applying the existing law.

P.S. Leelakrishnan,

Kozhikode

The High Court could have taken a broader view of the Mehtas’ plea considering their genuine fears, instead of giving a pure techno-legal interpretation of the law. Courts have in the past taken decisions in the interest of humanity going beyond the literal confines of the law which may be a hindrance to the urgent societal needs.

Even now, it may not be too late for the Supreme court to take suo motu cognisance of the case.

Kasim Sait,

Chennai

The Mehtas need to be commended for bringing the antiquated abortion law into the open for a review and possible amendment. Although it is not clear what percentage of Indian women will benefit from a change of law, it is clear that the law is not pari passu with medical technology and the 21st century Indian lifestyle.

One hopes our Union Health Minister will initiate the progressive changes.

L. Santhosh,

Bhilai

Aborting a foetus, irrespective of how old it is or what defect it bears, is an inhuman act. In this context, the question of amending the abortion law is meaningless. We should understand that life, death and disease are not matters of choice. When we do not have the ability to give life to the dead, we have no right to kill a foetus on the basis of a report which says the child could be defective.

Mir Taqeeulla,

Mysore

If you knew a pregnant woman who suffered from a serious illness and had many deaf and blind children, would you recommend that she have an abortion? Even if her next child was Beethoven? At times, things are not what they seem to be.

E. Rajakumar Arulanandham,

Palayamkottai

Some seem to think that abortion is no evil but I feel it is cruel. Let those who argue on behalf of abortion learn that all have the right to live in this world. No one has any power over another’s life — not even the parents over their children, born or in the womb. It is their duty to take care of their children. I am happy about the Bombay High Court verdict.

Canet Vas,

Thiruvananthapuram

The High Court verdict is welcome but it is also important to view individual cases in the backdrop of a family’s financial strength. Will the government provide free medical care and support to such couples so that they can sustain prolonged treatment of their babies?

K.N. Uma,

Salem

Human life in all forms, unborn and born, young and old, sick and healthy, disabled and strong, retarded and grown, must be promoted.

Or else, all forms of medical advances and treatment of human race will become meaningless.

Francis Bashyam,

Kushtagi

It is not the first time that a differently-abled child will come into existence. We have many examples of people with disability doing well in their lives. The Bombay High Court has done the right thing by delivering a historic judgment.

Pankaj Kumar Choudhary,

New Delhi

Does the right to exist of an unborn child depend on the whims and fancies of the parents? It is total injustice and cruelty to deny the basic right of any individual, be it an unborn child, to exist. Medical science has proved beyond any doubt that life begins at the moment of conception.

Tony Nelson,

Aluva

I wonder how many of those urging the Mehtas to raise the child with love, affection and confidence have actually raised or lived as a handicapped person in India.

Given the number of private maternity hospitals thriving in India and the law-enforcement record, one can imagine what others in the Mehtas’ circumstances will do.

C.G. Senthilkumar,

Sunnyvale

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