Bombay HC directs KEM Hospital medical board to examine 24-week pregnancy termination of cancer patient

Mumbai: Observing that a pregnant woman required chemotherapy after being diagnosed with cancer, the Bombay High Court on Monday constituted a KEM hospital medical board and inquired about the possibility of terminating her 24-week pregnancy to enable her to undergo cancer treatment.

During the hearing, Justices Ajay Gadkari and Neela Gokhale said,  "We require the authorities at the KEM Hospital, Mumbai to constitute a Medical Board as prescribed by Section 3(2D) of the Medical Termination of Pregnancy (MTP) Act to examine the Petitioner and ascertain as to whether the Petitioner No.1 is fit to undergo termination of her pregnancy." 

The petition was filed by the 24-year-old pregnant woman and her husband after being advised by doctors at Tata Memorial Centre to terminate her pregnancy due to a diagnosis of pancreatic cancer. Unfortunately, she is unable to seek a Medical Termination of Pregnancy (MTP) due to the 24-week limit set by the MTP Act and is in pain due to the ailment prompting them to approach the court. 

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As per a Live Law report, the petitioner alleged that during her pregnancy she was diagnosed with pancreatic cancer with multiple liver metastasis and her doctors told her that she was unfit for Chemotherapy on account of her pregnancy. She even placed on record a letter dated June 26, 2024, of a doctor working with the Tata Memorial Centre, addressed to the Obstetrics and Gynaecology Department of the King Edward Memorial Hospital, with a request to evaluate her and consider the possibility of aborting her pregnancy. 

The request was made through the letter as the general conditions do not allow chemotherapy. The letter stated that once MTP is allowed, the doctors would like to go ahead with a liver biopsy and a plan for palliative management, reports TOI.

"As per doctors' opinion, if the pregnancy is continued, she cannot be given palliative chemotherapy to help relieve the symptoms and reduce the suffering caused by cancer. The petitioners state that termination of pregnancy is immediately required as the petitioner no 1 (wife) is miserably suffering from the ailment and having unbearable pain," the petition stated.

The petitioners' advocate Manisha Devkar said the woman is in pain and continuing the pregnancy poses a risk to her life.

"The Report shall also reflect the effect of the pregnancy on the Petitioner's physical and mental health after taking into consideration her actual and reasonably foreseeable environment," the judges said.

The bench further requested the Medical Board to submit its report by July 3 and the matter will be heard on July 3.

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