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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

Construction work on the Dahisar-Bhayandar Link Road targeted for completion by December 2028; Additional Municipal Commissioner inspects the site.

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To alleviate traffic congestion and ensure smooth, convenient travel within the Mumbai Metropolitan Region, the Mumbai Municipal Corporation (BMC) has launched a major infrastructure project known as the ‘Mumbai Coastal Road (North).’ Spanning approximately 60 kilometers—including interchanges and link roads—this mega-project aims to connect the Versova and Bhayandar areas via a coastal route. The construction work has been divided into seven packages: Packages A, B, C, D, E, F, and the Dahisar-Bhayandar Link Road (DBLR). Additional Municipal Commissioner (Projects) Abhijit Bangar visited and inspected the Bhayandar interchange site (part of the Dahisar-Bhayandar Link Road/Package 7), located within the limits of the Mira-Bhayandar Municipal Corporation, and issued necessary instructions during the visit.

The Dahisar-Bhayandar Link Road is a crucial project for the Mumbai and Mira-Bhayandar regions, and construction is currently underway. It will establish a direct and rapid road connection between Dahisar West and Bhayandar West. The total length of this road project is approximately 5.135 kilometers. The project encompasses various engineering structures, including elevated roads, roads on stilts through mangrove areas, high-level structures over creeks, elevated corridors over salt pan lands, connecting roads and interchanges for traffic distribution, and flyovers. The main elevated road of the Dahisar-Bhayandar Link Road project—spanning approximately 3.83 km in length and 45 meters in width—will serve as the final leg of the Mumbai Coastal Road (North). Mr. Bangar visited the site and reviewed the preliminary works. Currently, the installation of gabion walls is underway; additionally, piling (deep foundation) and the construction of pile caps are progressing. Several components of the project have already been completed, including 60 piles, 5 pile caps, 4 bridge piers, pier caps, and the ninth section of the bridge. State-of-the-art machinery is deployed at the site, and a temporary bridge system is operational for access. Work related to the ‘launching girder’ is scheduled to commence in the second week of October; Additional Municipal Commissioner (Projects) Abhijit Bangar reviewed detailed information regarding this. Bangar issued instructions to expedite the land acquisition process required for the project and to prepare a priority list in this regard. He emphasized the need to secure cooperation from the Mira-Bhayandar Municipal Corporation and other relevant authorities. He also directed that safety-related Standard Operating Procedures (SOPs) be strictly adhered to, adequate barricading be installed at the site during construction, and the work be completed to high standards within the stipulated timeframe. He instructed that planning and execution be carried out with the aim of completing the project by December 2028. Deputy Commissioner (Infrastructure) Shri Girish Nikam and Deputy Chief Engineer (Mumbai Coastal Road – North) Vaibhav Gandhi were present on the occasion, accompanied by the concerned engineers and consultants.

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Maharashtra

Gutkha and scented betel nut worth approximately ₹1.18 crore seized in Mumbai; 9 arrested.

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Mumbai: Authorities have claimed the seizure of banned gutkha worth ₹1.18 crore within the jurisdiction of the Bhandup Police Station. Acting on a tip-off regarding the transportation and sale of banned gutkha and scented betel nut, the Senior Police Inspector of Bhandup Police Station dispatched Assistant Police Inspector Vinod Lad and his team to verify the information and take action. Based on the intelligence received, the team laid a trap and conducted a raid on September 12 at approximately 4:25 AM at the Municipal Corporation parking area on Village Road, Nahur. During the operation, they seized five vehicles—comprising one container truck, two tempos, one Bolero, and one pickup truck—and arrested a total of nine individuals. The seized contraband included banned scented betel nut products (such as ‘Varanasi Aashiq’ scented betel nut and scented tobacco) valued at ₹20,21,100, along with five motor vehicles from various companies valued at ₹98 lakh; the total value of the seized property amounts to ₹1,18,21,100. The five vehicles, the nine accused, and the contraband have been taken into custody, and proceedings to register a formal case at the Bhandup Police Station are currently underway. This successful and noteworthy operation was carried out under the guidance of Police Commissioner Deven Bharti, Joint Commissioner of Police Manoj Kumar Sharma (Law and Order), Additional Commissioner of Police Dhananjay Kulkarni (East Region), Deputy Commissioner of Police Abhay Singh Deshmukh (Zone 3), and Assistant Commissioner of Police Ajay Joshi (Bhandup Division), by a team comprising Senior Police Inspector Sapna Khirsagar, Assistant Police Inspector Vinod Lad, Police Havaldars Hiralal Charande, Akesh Tirmare, and Ganesh Sonone, and Police Constables Vikas Shinde and Vijaykumar Pawar.

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Maharashtra

Accused involved in smuggling “MD” and “MDMA Plus” drugs arrested in Mumbai.

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The Mumbai Anti-Narcotics Cell (ANC) has claimed the arrest of a drug dealer involved in MD smuggling, charging him under Sections 8(c) and 22(c) of the NDPS Act. The accused was apprehended in Jogeshwari after being spotted under suspicious circumstances. The following items were seized from his possession:
1) Three MDMA pills weighing a total of 2.04 grams (estimated value: ₹88,000)
2) MD (Mephedrone) weighing a total of 417 grams (estimated value: ₹1,25,10,000)
3) Fifty Indian currency notes of ₹500 denomination (total cash: ₹25,000)
4) One used Apple iPhone 15 (estimated value: ₹20,000)
*The total estimated value of the seized items is ₹1,26,43,000. On September 11, the Azad Maidan Unit of the ANC (Crime Branch) was patrolling the Jogeshwari area when they received credible information that an individual was selling drugs from his residence. Acting on this tip-off, the ANC team raided the suspect’s home and recovered the aforementioned contraband. Case property recovered during the personal search of the said individual: 1) Three “MDMA tablets” weighing a total of 2.04 grams (estimated value: Rs. 88,000); 2) “MD” drug weighing 210 grams (estimated value: Rs. 6,300,000); 3) One used Apple iPhone 15 (estimated value: Rs. 20,000). Case property recovered during the search of the said individual’s residence: 4) “MD” drug weighing 207 grams (estimated value: Rs. 6,210,000); 5) Fifty Indian currency notes of Rs. 500 denomination (total cash: Rs. 25,000). The total estimated value of the recovered case property is Rs. 12,643,000. The ANC squad (Azad Maidan Unit) has arrested the said individual and registered a case (Case No. 85/2026) under Sections 8(c) and 21(c) of the NDPS Act, 1985. This successful operation was carried out by Deven Bharti (Police Commissioner, Mumbai), Anil Kumbhare (Joint Commissioner of Police – Crime), Krishnakant Upadhyay (Additional Commissioner of Police – Crime), and Poornima Chougule-Shringi (Deputy Commissioner of Police, ANC Squad, Crime Branch).

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