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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

Mumbai Weather Update: City Sees Clear Skies After Heavy Overnight Downpour, Yellow Alert Issued; Overall AQI In Moderate Range At 63

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Mumbai: After heavy rains lashed the city on Friday, bringing brief waterlogging and traffic disruptions, Mumbai woke up to sunny skies on Saturday morning. However, the India Meteorological Department (IMD) cautioned that the respite may be short-lived, as the city remains under a Yellow Alert with a forecast of partly cloudy skies and a possibility of moderate rain or thunderstorms through the day.

According to the IMD, temperatures are expected to hover around 34°C during the day and dip to about 25°C at night. The brief spell of unseasonal rain not only cooled the weather but also brought a remarkable improvement in the city’s air quality, which had deteriorated sharply post-Diwali due to increased pollution and stagnant winds.

Overall AQI In Moderate Category

Real-time data from AQI.in showed that Mumbai’s overall Air Quality Index (AQI) stood at 63 on Saturday morning, placing it in the moderate category, a notable recovery from the unhealthy levels recorded earlier in the week.

Among the city’s monitoring stations, Wadala Truck Terminal reported the highest pollution level with an AQI of 190, followed by BKC (75), Kurla (73), Worli (73) and Chembur (72). While mild traces of smog lingered in some of these areas during the early morning, visibility and air freshness improved significantly across most parts of Mumbai.

On the other hand, several localities recorded remarkably clean air. Thakur Village in Kandivali reported the city’s best air quality with an AQI of 25, while Parel-Bhoiwada (32), Malad West (38), Borivali East (40), and Kandivali East (43) also registered good air quality, offering much-needed relief to residents.

As per AQI.in’s classification, readings between 0–50 indicate “Good” air, 51–100 “Moderate”, 101–150 “Poor”, 151–200 “Unhealthy”, and above 200 “Severe” to “Hazardous.”

Friday’s rain marked the third unseasonal spell after the official monsoon withdrawal and was accompanied by lightning, thunder and gusty winds. The IMD had issued a Nowcast warning late Friday evening, alerting of potential thunderstorms and moderate rainfall over Mumbai and adjoining districts. Meanwhile, most parts of Maharashtra, excluding the Vidarbha region, continue to remain under a Yellow Alert for the next few days.

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Maharashtra

Brave officer risked his life to save injured girl

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Mumbai: Mumbai Police Traffic Officer has shown bravery in saving a young girl from the clutches of a cruel lover, after which this officer is being praised. He took the injured and bleeding girl to the hospital and risked his life to free her from the armed youth, after which the youth committed suicide.
‎Today at 10:17 am, a call was received from the MTP helpline of the Byculla Traffic Department Group that two-wheelers and four-wheelers were parked on the footpath in front of Meoresh Building, Dataram Lad Marg, Kalachowki, causing inconvenience to the passers-by. In response to the said call, Rider Police Constable Karan Suryavanshi of the Byculla Traffic Department reached the spot. When he was taking action at the said place, some people present there told the officer that a boy was attacking a girl with a knife in the cabin of Astha Nursing Home. Seeing the seriousness of the incident, Kiran Suryavanshi immediately went to the spot and tried to free the victim girl from the clutches of the accused boy and took her out of the nursing home. Since she was in an injured condition, he showed haste and without a moment’s delay, put the girl in a taxi and brought her to Dr. Babasaheb Ambedkar Hospital, Ranibag. The girl was given first aid there. Officers and personnel from Kalachowki took the injured woman to JJ Hospital for further treatment.

Besides, in this incident, the attacker also stabbed himself and was taken to KEM Hospital with the help of Kalachowki Police Station.

The Deputy Commissioner of Police, Zone 4, Assistant Commissioner of Police as well as Senior Police Inspector of Kalachowki Police Station visited Dr. Babasaheb Ambedkar Railway Hospital.

The girl is undergoing treatment at Sir JJ Hospital. Police officers from Kalachowki police station are conducting further investigations. The officer is being praised for protecting the girl without caring for his own life and saving her from the clutches of her heartbroken lover.

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Maharashtra

Samajwadi Party is not part of Mumbai Municipal Corporation Vikas Aghadi: Abu Asim Azmi

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Mumbai: The Samajwadi Party will not enter into an electoral alliance with the Maha Vikas Aghadi in the Municipal Corporation (BMC) elections, not will it be part of this alliance. Those who objected to the release of innocent Muslims imprisoned for 19 years but remained silent on the release of the accused in the Malegaon blasts. Those who express pride in the demolition of the Babri Masjid, take the names of Lord Ram and Lord Vishwanath, but call the holy water of the Sangam smelly and make Uttar Bharatiyas and North Indians a target for violence. This is a province where the Pawars go to do their country’s panddan. Those belonging to such provinces insult and subject North Indians and Biharis to violence.

If such people are part of the Maha Vikas Aghadi, the Samajwadi Party will never be part of it.

The Samajwadi Party does politics of justice, secularism, constitutional values ​​and Ganga-Jamuni culture. Therefore, we cannot be part of any alliance that includes forces that spread hatred and divide the country. This kind of explanation has been given by Mumbai Maharashtra Samajwadi Party leader and MLA Abu Asim Azmi. Elections are approaching, in such a situation, Mahayoti and Maha Vikas Aghadi are very serious about their allied parties. In such a situation, the Samajwadi Party has clearly refused to enter into an understanding with Maha Vikas Aghadi and has called it biased. Now there is curiosity about the expected entry and entry of MNS in Maha Vikas. In such a situation, the Samajwadi Party has denied it and said that it is unable to participate in the elections with those who incite violence on the basis of regionalism.

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