When I was in medical college, we used to study the MTP act in Obstetrics and Gynecology. This act was passed in 1971 and amended in 2002. There are several provisions and one of them is that is this 20 weeks time limit. I would say it is time to change this act. This child is going to be born with congenital heart block. That means that this child will require permanent pacemakers which have to be replaced every 4-5 years depending on its battery life. It is not easy to do this. Pacemakers are expensive and replacing them every 4 years is also expensive. Apart from that, the court should also consider the emotional trauma and suffering the child and the family will suffer for rest of their lives. Could this child perform all the usual strenous activities that other adults would perform when he/she becomes an adult? Would someone marry him/her with this condition? When the doctors are saying that they are not sure whether the child will need a cardiac surgery or not, how can they deny abortion? They say that there are LEAST CHANCES OF SUFFERING SERIOUS HANDICAPS. So in other words there are at least some chances of suffering some degree of handicaps which the child has to live with. In any case, a person has a complete right over his/her own body and in this case the mother has. Child is hers. She has to bear the pain. It is not easy for a mother to say I want to abort my child. When she says that there must be a strong reason and we have it in this case. Time to change laws.
RE:Abortion Laws in India
by aandhi on Aug 04, 2008 11:57 PM Permalink
Parth Mehta, Very correct observation by a practicing doctor and a right thinking of a concerned person for fellow human being. But, unfortunately, in India it has become fashion with the so called intelligentsia to comment, beyond a common mans comprehension, on troubles and trauma, which some one else has to face. In our government also people like Ramdoss, who have become doctors by accident of being from reserved categories fail to understand commonsense. I feel very sorry for this couple whose decision to abort would have saved the child and the poor parents from emotional trauma and untold sufferings.
RE:Abortion Laws in India
by naveen on Aug 05, 2008 05:51 AM Permalink
Hi Parth Mehta, text books say.. the prognosis for this fetus (transposition of great vessels with cingenital heart block) is poor. I don't know how the medical pannel has given the opinion of"LEAST CHANCES OF SUFFERING SERIOUS HANDICAPS"... (Evidences.. Callen's USG book, 4th edition page no.414 and William's Obstetrics text book, 21st edition, page no.675)
RE:Abortion Laws in India
by Parth Mehta on Aug 04, 2008 10:13 PM Permalink
Thank you for appreciating the points. I am practicing medicine in US these days & abortion is also the most controversial topic here. Few years back, we tried to publish a paper in Obstetrics & Gyencology on developing easier & more effective abortion techniques. Guess what, when the paper went for review, it got stuck in ethical issues & never got published only because it was based abortion. In US, there is much more emphasis given on the principle of autonomy where the person has the full right over his or her own health & can deny any treatment if desired. No doctor can force them. It is a free society but when the matter comes to abortion, this free society becomes extremely conservative. A major portion of the society still considers abortion a crime. That is a mere hypocricy I believe. If the mother has a full right over her own body then child is also the part of the mother but all the time people cry out loud protesting abortion while promoting autonomy. Elections are won over abortion issues here. Abortion is a very controversial issue anyways. In India, we need to change the laws because if a poor woman is denied abortion then she may go to a quack which introduces unhealthy unsterile techniques to induce abortion. I saw a case where a quack introduced a branch of a tree laiden with some toxic metal ointment which caused sepsis in that poor lady & she died. This couple is financially stable so can go to court. Think about the poor ones in rural villages.
RE:Abortion Laws in India
by italyseaayi on Aug 04, 2008 09:16 PM Permalink
Well said. Hope that these judges will not give their personal opinions in the form of judgement. No one including the court cannot decide what is good or bad for oneself, unless it is truly considered as bad or unethical/unsubstantiated for humanity. where as in this case it is a clear case of medical problem that the child has to undergo as long as it lives and the societal problem to parents. Indian courts should not behave like some courts in Muslim countries like what chaddi/panty to wear. Only women should close their face to stop attracting men (They consider their own Muslim men are libido's and cant resist themself)
