Bombay HC: Abortion is not a fundamental right, or even a vested right | India News – Times of India

MUMBAI: Abortion is not a fundamental right or even a vested right, said Bombay HC Thursday, “greatly disturbed’ that a baby born during medical termination of pregnancy (MTP) procedure, and discharged against medical advice by his father from Solapur Civil Hospital, had died.

“As a matter of routine, in all other matters we now propose to specifically prohibit the removal of a live infant from a hospital without a specific order of the (high) court,” said Justices Gautam Patel and Neela Gokhale.
A woman had moved HC to permit an MTP of a foetus with multiple brain development anomalies. On July 27, the judges directed her to be admitted to the hospital and examined by a medical board. Having regard to the advanced stage of 30-week pregnancy and to save time, they permitted the hospital to proceed with the MTP if the board confirmed foetal abnormality. The termination was induced on July 29. A baby boy was delivered on July 30 and put on ventilator support. The husband took a discharge of the baby at 8pm against medical advice, to take him to a private hospital. Around 9.30pm, he brought the baby back. The baby died the next day.

The huband was ordered to pay Rs 10,000 to the hospital “for infants in the NICU”.