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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

Maharashtra Elections 2024: Devendra Fadnavis Refers To Sharad Pawar As ‘Owner Of Fake Narrative Factory’; Slams Opposition Over Claims About Industries Leaving State

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Maharashtra Elections 2024: Devendra Fadnavis Refers To Sharad Pawar As 'Owner Of Fake Narrative Factory'; Slams Opposition Over Claims About Industries Leaving State

Mumbai: In a scathing attack on Sharad Pawar, Deputy Chief Minister Devendra Fadnavis referred to the NCP leader as the “owner of a fake narrative factory” during an election rally in Pimpri-Chinchwad. Fadnavis accused Pawar and opposition leaders of spreading false information about industries leaving Maharashtra for Gujarat, attempting to tarnish the state’s image. He made it clear that Maharashtra remains the top choice for investment, with 52% of the country’s foreign investment flowing into the state.

Addressing a rally in support of Mahayuti candidate Shankar Jagtap, Fadnavis emphasized that Maharashtra is strong industrially and that the information being spread by the opposition is misleading. He stated, “Our government has made Maharashtra an ideal destination for investment.” According to Fadnavis, reports suggesting a shift in the state’s industrial landscape were false and intended solely to mislead the public.

Fadnavis Targets Supriya Sule

Fadnavis also targeted NCP MP Supriya Sule, calling her the “manager of the fake narrative factory.” He accused Sule of spreading incorrect information about IT companies leaving Hinjewadi, a major IT hub in Pune. Fadnavis stressed that both Maharashtra’s industrial and IT sectors are strong, and any challenges faced were the result of the difficulties encountered during the tenure of the Maha Vikas Aghadi government. He labeled Sule’s statements as incorrect and harmful to the state’s progress.

Fadnavis also responded to criticism of Uddhav Thackeray’s “Ladki Behin Yojana” . He said that Thackeray’s approach, focused on opposition for the sake of it, was disconnected from the needs of ordinary people. Fadnavis clarified that the scheme would provide financial aid and educational opportunities to thousands of girls across Maharashtra.

Concluding his speech, Fadnavis reassured the audience about job creation under the BJP government. He announced an ambitious goal of generating employment opportunities for 10 lakh youths and promised to rejuvenate Maharashtra’s economic stability. He urged voters to be cautious of the “fake narratives” being spread by the opposition and to trust in the state’s economic progress.

Throughout the rally, Fadnavis highlighted BJP’s transparency and development-oriented policies, portraying the opposition’s tactics as a strategy to promote “fake narratives” and undermine the state’s growth.

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Maharashtra

Maharashtra Elections 2024: Ajit Pawar Supports Nawab Malik’s Candidacy At Mankhurd Rally, Defends Against BJP Opposition

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Mumbai: Despite strong opposition from the BJP to NCP candidate Nawab Malik’s candidacy, NCP chief Ajit Pawar attended a massive rally organised by Malik in the Mankhurd area, as well as a rally for Malik’s daughter, Sana Malik, in the Anushakti Nagar constituency. The large gathering received enthusiastic support from attendees.

Ajit Pawar launched the campaign for NCP candidates in Mumbai, starting with the rally in Anushakti Nagar, which began from Govandi’s Tata Nagar, followed by another rally in Malik’s Mankhurd-Shivajinagar constituency.

Addressing the rally, Pawar said, “Nawab Malik has been given a ticket to contest the election. He will contest on the clock symbol. There is not a single offence proven against him in the court, he is not convicted yet. Therefore, I will go for his campaign.”

Speaking to the media, Nawab Mailik said, “Ajit Pawar stood behind me, he showed faith in me and gave me a ticket to contest. He also came and participated in my rally, I expect nothing more than that from him.”

Addressing the media, Pawar said, “I always perform my duties that is why I come here in support of my candidate. Only 13 days left for the election and it is the duty of all alliance parties to get their candidates elected.”

When he was asked about BJP’s opposition to Malik’s campaigning, Pawar said, “I am doing it. isn’t it enough? Abu Azmi is a three time MLA from here. But he didn’t do anything for the constituency.”

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Maharashtra

Salman Khan Death Threat: ‘Wanted To Fund Construction Of Bishnoi Community Temple,’ Says K’taka Man Held For Sending Threatening Message, Demanding ₹5 Cr Ransom From Actor

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Mumbai: In the case of death threats against Salman Khan and a demand for a ransom of 5 crore rupees, Bikharmam Bishnoi, the accused arrested from Karnataka, made shocking revelations during interrogation. In his questioning by Worli Police, the accused revealed that Lawrence Bishnoi is his idol. He also disclosed that the 5 crore rupees he demanded from Salman Khan was intended to fund the construction of a temple for the Bishnoi community.

Accused Watched Lawrence Bishnoi’s Videos

The Worli Police investigation further revealed that the accused regularly watched Lawrence Bishnoi’s videos and felt proud of Lawrence’s actions in support of the Bishnoi community, even from prison. The accused stated during questioning that Salman has never apologized for his actions, whether it was the incident of running over people sleeping on the footpath or the blackbuck hunting case.

Accused Claims Salman & Baba Siddique Linked To Dawood Ibrahim

He also claimed that Salman and Baba Siddique are connected to Dawood Ibrahim, yet no action has ever been taken against them. The accused believes that Lawrence Bishnoi’s actions are justified. He expressed no regret about going to jail, saying, “I am going to jail for the Bishnoi community.”

It is to be noted that on the night of November 4, the accused sent a message to the traffic police helpline, issuing a death threat to Salman Khan and demanding a ransom of 5 crore rupees. The Worli Police arrested him from the Haveli area in Karnataka and brought him to Mumbai on Thursday.

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