In a historic moment for women’s rights movement across the country, the Delhi High Court upholding women’s right to terminate pregnancy, on Tuesday allowed a 26-year-old woman to undergo medical termination of her 33-week pregnancy.
The Court observed that in cases with specific circumstances, the ultimate decision ought to recognise the choice of the mother and also the possibility of dignified life of the unborn child. In the particular case, it was found that the foetus was suffering from certain cerebral abnormalities.
The judgment will have far reaching impact as it sets a precedent for numerous such cases to come in the future, as Justice Pratibha Singh noted that the medical board unfortunately did not give a categorical opinion on the degree of handicap or the quality of life of the foetus after birth.
While right to abortion has been a debatable issue across the globe and even the first world countries have failed to recognise this right, India on the other hand as noted by Justice Singh, “recognises this choice of a woman in its law”.
A global phenomena and the underlying truth even in the most kept secret societies of the world, in a demand for a male heir to the family lineage, a woman is always subjugated to make difficult choices. And in circumstances where the new born is suffering from health complication, despite all the love and care a mother can provide, the child is considered a burden and the blame is on the woman ultimately.
Tuesday’s judgment of the Delhi High Court is not just a shot in the arm for women’s rights to pregnancy but has the potential to provide the much needed force to usher in changes in the way the medical fraternity views the matter.
The Parliament of India, in order to abolish the social evil of female foeticide, in 1994 enacted the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act also known as the Prohibition of Sex Selection Act. However, in secrecy the act of sex selection still continues, to the extent that new born girls are abandoned by the families, mostly without the knowledge of the mothers.
As noted by the Judge, the medical board failed to give a categorical opinion on the matter, especially the future life of the unborn child. Countries with quality medical facilities not just monitor the mother’s health during the pregnancy but also the health of the foetus and provide informed advice in case of apprehensions. When the pregnancy does continue, no sooner the new born has been brought to life, all medical parameters are analysed and diagnosis carried out to ensure that all questions arising out of the apprehensions have been addressed.
India, which aims to be the next world leader, ought to address the issue on war footings. The health care facilities in the country need a huge overhaul. Alongside the infrastructural development of roads, ports and airports, India needs to invest heavily in the infrastructure of healthcare in the countryside.
Even in Goa, while one can boast of having better health facilities when compared to many of the states in the country, the reality however is that we still face acute shortage of doctors and specialists and super-specialists. Our district hospitals are overburdened and maximum referrals to the State hospital, ensuring that the Goa Medical College and Hospital (GMC) does not have the time and space to breath.
Thus while Goa strives to be on the global map for its serene beauty, it could well become one of the after sought medical facility destinations in the country. A dream may come true to make Goa a centre for ‘medical tourism’.
To thrive as one of the most prosperous states in the country and drive home a booming economy, providing state-of-the-art healthcare to citizens across age groups and genders and to their unborn is of utmost necessity. A healthy State means a healthy economy, thus the adage ‘health is wealth’.

