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‘Woman’s right to choose…’ Bombay HC allows termination of 32-week pregnancy with foetal abnormalities

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A woman has the right to choose whether to continue her pregnancy or not and the decision is hers and hers alone to make, the Bombay High Court said while allowing a married woman to terminate her 32-week pregnancy after the foetus was detected with severe abnormalities.

The woman had approached HC seeking to terminate her pregnancy after a sonography revealed the foetus had severe abnormalities and that the baby would be born with physical and mental disabilities.

“Given a severe foetal abnormality, the length of the pregnancy does not matter. The petitioner has taken an informed decision. It is not an easy one. But that decision is hers, and hers alone to make. The right to choose is of the petitioner’s. It is not the right of the Medical Board,” the court said in its order.

Refusing termination of pregnancy only on grounds of delay would not only be condemning the foetus to a less than optimal life but would also be condemning the mother to a future that will almost certainly rob her of every positive attribute of parenthood, the HC said.


Denial of her right to dignity

“It would be a denial of her right to dignity, and her reproductive and decisional autonomy. The mother knows today there is no possibility of having a normal healthy baby at the end of this delivery,” the court said.

“Accepting the Medical Board’s view is not just to condemn the foetus to a substandard life but is to force on the petitioner and her husband an unhappy and traumatic parenthood. The effect on them and their family cannot even be imagined,” it added.

The petitioner’s foetus is detected with both microcephaly and lissencephaly, and this is what the future portends, the bench said.

Asserting that the rights of the woman should never be compromised in the “blind application of a statute”, the court said, “Justice may have to be blindfolded; it can never be allowed to be blindsided. We are agnostic about the relative positions of parties. We can never be agnostic about where justice needs to be delivered.”

Moral dilemma

It said cases such as this often raise profound moral questions and dilemmas, but it is immutable that the “arc of the moral universe always bends towards justice”.

The bench said the existence of the foetal anomaly, as well as its severity, was certain as also the fact that it was detected late.

“Because it is difficult to predict at birth what problems will occur, microcephalic babies need constant and regular follow up and check-ups with health care providers. There is no known cure or standard treatment for it. In more extreme cases, microcephalic babies need intervention almost constantly,” the court said.

Most disturbingly, the prognosis for children with lissencephaly depends on the degree of brain malformation, it added.

The bench noted the medical board did not take into account the social and economic position of the couple.

“It ignores their milieu entirely. It does not even attempt to envision the kind of life, one with no quality at all to speak of, that the petitioner must endure for an indefinite future if the Board’s recommendation is to be followed,” the HC said.

“The Board really does only one thing: because late, therefore no. And that is plainly wrong, as we have seen,” the court said while allowing the pregnancy to be terminated.

Maharashtra

Local Police Arrest Suspect in Mira Road House Looting Incident

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Mumbai: In an unusual turn of events, Mira Road police have successfully apprehended a suspect believed to be involved in a recent house looting incident that had left local residents unsettled. The arrest, which was made early Friday morning, follows an intensive investigation launched after the break-in was reported to authorities.

According to the police report, the incident occurred earlier this week when the occupant of the residential property returned home to find it ransacked. Valuables, including jewelry and electronic devices, were reported missing. The meticulous efforts by the investigating officers, including gathering CCTV footage and conducting neighborhood inquiries, played a crucial role in identifying and locating the suspect.

The accused, whose identity has been withheld pending further investigation, was apprehended after a brief chase and later confessed to the crime during police interrogation. Authorities recovered a significant portion of the stolen items from the suspect’s possession.

Residents of Mira Road have expressed relief following the arrest, praising the police force for their rapid response and dedication to maintaining community safety. “We feel more secure knowing that the police are actively working to protect us,” said one local resident.

This incident has prompted the police to urge residents to enhance home security measures and report any suspicious activities immediately. The authorities have reiterated their commitment to maintaining peace and order in the area.

The suspect is currently in custody and will be presented in court later this week, as the police continue their investigation to determine if he is connected to any other recent burglaries in the vicinity.

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Maharashtra

Former SIMI Office-Bearer & Key Accused In Delhi-Padgha ISIS Terror Module Case, Saquib Abdul Hamid Nachan, Dies Following Brain Stroke

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Mumbai: Saquib Abdul Hamid Nachan (63), a former office-bearer of the banned outfit Students Islamic Movement of India (SIMI) and a key accused in the Delhi-Padgha ISIS terror module case, died after suffering a brain stroke. He was undergoing treatment at Safdarjung Hospital and died about an hour before official sources confirmed the development.

Nachan was under investigation for his alleged involvement in aiding ISIS-linked operatives and was facing serious charges under anti-terror laws.

Nachan who was under judicial custody in Tihar Jail, was admitted to Deen Dayal Upadhyay Hospital on Monday after suffering a stroke.

Due to the severity of his condition, he was shifted to Safdarjung Hospital on Wednesday morning for advanced medical care. According to National Investigation Agency (NIA) sources, Nachan was under close observation in the ICU prior to his death.

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Maharashtra

59-Year-Old Laundryman Dies After Drinking Stain Remover Mistaken For Cough Syrup In Lower Parel

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Mumbai: A 59-year-old laundryman from Lower Parel died after accidentally consuming a chemical used for removing stains from clothes, mistaking it for cough syrup. The incident occurred near Deepak Cinema in Jia Masoom Chawl, where the deceased, Sambhajit Rajai Dhobi, ran a small ironing shop. The NM Joshi Marg Police have registered an Accidental Death Report (ADR) in the case.

Speaking to the media report, Senior Inspector Arvind Chandanshive of NM Joshi Marg Police Station said the incident occurred on the night of June 25 around 11:00 pm, when Sambhaji mistakenly consumed the stain remover chemical that had been stored in a cough syrup bottle. The next morning, between 7 and 8 am, he began vomiting blood and was rushed to KEM Hospital for treatment. However, despite efforts, he was declared dead by doctors at 3:20 pm on June 26.

Police said Sambhaji, who also worked as a clothes washer, had kept the chemical used for stain removal in a bottle typically used for cough syrup, which led to the fatal confusion.

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