The Bombay high Court on Monday dismissed Niketa Mehta and Harish Mehta’s plea to abort their unborn 24-week-old fetus which may have a congenital heart defect.

The couple appealed in the court after they discovered that the unborn child had blockages in heart. They appealed that they won’t be able to afford to care for the baby or endure the trauma. But the court did not find the case convincing and dismissed the appeal. The court ordered a special committee from JJ Hospital to “give an additional confirmed opinion”.

“Can a life be killed once you have it,” the court asked.

The couple are pleading the case on the basis that the child is suffering from a congenital heart block that would require a permanent pace-maker, meaning that the child would have a disabled life and would also hurt them financially which they would not be able to afford in the long run.

Different specialists gave different views on the matter. According to report of JJ Hospital, there are very less chances of having a congenital handicap at birth.

While the couple, who had love marriage and the unborn baby is their first child, cited doctor’s report that asserts that the child will suffer critical problems even with a pace-maker some experts said that there might not needed any operation while pregnancy or immediately after birth to cure the baby. The baby can survive normally with a pacemaker

The issue became debatable and it is still on. The couple is confused whether they should appeal in Supreme Court or should they leave the case. Some lawyers said that it is like a case of mercy killing.

This is not the issue of mere choice. Its not a thing one can choose with his/her wish. It is a matter of life- a human life. No one has any right to destroy a life but this case is a bit different. Choice is to terminate the life before birth or to provide a life time pain to the child as well as the parents. Is it justified to terminate the life?

The case also gave rise to a debate whether there should be amendments in the abortion law. The case had given a challenge to the country’s 37-year-old abortion law that does not allow termination of pregnancy beyond 20 weeks unless it harms mother’s life or health. But the government ruled out on Monday amending the abortion laws in consideration of similar cases.

“As it is today going by just one case, I do not think the law can be amended,” Union Health Minister Anbumani Ramadoss told the media.