To Abort or Not to: A Win-Win Situation

The nationwide debate on abortion has rather intensified after the Mumbai High Court's dismissal of Niketa and Haresh Mehtas' plea to terminate a pregnancy to prevent birth of a disabled child. The case has split opinions from two sects: pro-life versus pro-quality-of-life.

Though it was everywhere on the news, a brief about the case for the uninitiated: the Mehtas learnt after their second sonography and echocardiography that the foetus she was carrying for 22 weeks has two abnormalities in the heart and malpositioned arteries, which would require a pacemaker soon after birth and the entire life of the child. Sensing life-long trauma and probable handicaps and shortcomings for the unborn baby, the expectant parents decided to move court to seek permission to abort. However, the Mumbai High Court refused to allow Niketa to abort her 26-week foetus following a second report from JJ Hospital, which had modified "fair" chances of the child having congenital disorders to "few" chances, claiming that to be a typo.

The court quashed the Mehtas' honest and brave act with a viewpoint that it would set a bad example. Isn't a worse example set now? No other parents who face a similar problem will now go the legal way. Mothers-to-be are getting more worried now, and are going for repeat sonographies and other obgyn consultations lest their wombs have foetuses with congenital diseases. The verdict of this case would surely increase the already high number of five million illegal abortions in India every year.

Health Minister Anbumani Ramadoss said there was no need to change the MTP Act just for a one-off case. But exceptions could be made. Around a month ago, the Romanian government permitted abortion to an 11-year old girl due the exceptional circumstances of her case(pregnancy as a result of rape by an uncle), even though she was 21-weeks pregnant and the Romanian abortion limit is 14 weeks. Abortion laws are much more lenient in India than many other nations as can be seen here and here, but we fail to make exceptions and set examples. Rather, we tend to stick to age-old laws and rule out any amendments, on the contrary claiming that if it has been working for so long, it should work now also.

This is a major failure on the part of our judicial system. They might have saved the law in this case but in the process opened gates for more cases of breaking the same law. The only concern that the lawmakers should have had is how to prevent people trying to legally abort female foetuses under the blanket of congenital diseases. That could have been dealt with deftly by stricter laws for other procedures like amniocentesis rather than outrightly dismissing a very valid case.

The unborn baby is already a hero, and is seeking attention and debate from all over. Pro-lifers like the Archbishop of Mumbai have proposed adoption of the child by his church. The CEO of Jaslok Hospital has offered to bear the complete cost of surgery and pacemakers. The Mehtas did the right thing, and they would now be happy to bring the child to this world. I see them rewarded in a way; this has brought their child already to the limelight. Godforbids the Mehtas' worst fears come true, the child will not suffer because of lack of medical care or finances; I am sure the best possible medical facilities developed by mankind would be readily available. And one day when the child grows up and learns to read and understand, and comes to know of this trial and the nationwide furore, pride for his parents would definitely be one of the feelings.

The Mehtas have been accused of not wanting their child. I don't think it is easy for any mother to think of aborting her baby. What the Mehtas do not want is a disabled child, who might have to face innumerable challenges throughout life. It is more for the baby than for them. They love the child so much they do not want to bring him out to face the atrocities of this cruel world. It takes a hell lot of courage and heart to do so. I hope their efforts do not go in vain and this case acts as an eye-opener and no other Mehta couple faces this.

As Bachi Karkaria puts it, the end of the case will not be the end of the debate. And that itself is a victory.

Image: 26-week old foetus, Courtesy: http://www.deanbryanstewart.com