The Bombay High Court today rejected a petition filed by a Mumbai couple seeking permission to abort their pregnancy in the 24th week as the foetus was detected to have congenital heart blockage, in a case that has sparked a debate over abortion law.

Asking if there is any provision for mercy killing or to take away life once there is life, a division bench of Justice R M S Khandeparkar and Justice Amjad Sayed rejected the petition filed by Niketa, who is in the 26th week of her pregnancy, and her husband Haresh Mehta along with their gynaecologist Dr Nikhil Dattar.

The court, expressing its helplessness in the matter, strictly went by the law which says that a foetus can be aborted after 20 weeks only if there is a fatal risk to the mother and not the child.

Laws pertaining to Medical Termination of Pregnancy Act 1971 are currently under the scanner with doctors and activists seeking an amendment to confront cases where there are chances that the child will be born incapacitated.

“In other words, even if the petitioners had approached the court before 20 weeks it would not have been possible for the court to allow termination of pregnancy,” as the court did not have powers to legislate, Justice Khandeparkar said in the order.

The court came to the conclusion after calling for expert opinion from government doctors as well as doctors consulted independently by the petitioners for which the court had granted them liberty.

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