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Niketa Mehta, who loses the case of her appeal eight days back in Bombay High Court to abort her 25-week-old fetus detected with a congenital heart problem, has suffered a miscarriage on Wednesday. His husband, Haresh Mehta, a stockbroker, had confirmed the news that she suffered a miscarriage on August 12.

Haresh Mehta blamed intense media pressure for his wife’s high blood pressure and increased stress level which led to the miscarriage.

The couple had challenged the country’s 37-year-old abortion law (Pregnancy Act of 71) that does not allow termination of pregnancy beyond 20 weeks unless it harms mother’s life or health.

After medical reports that her child would be born with a complete congenital heart blockage and malpositioned arteries, the couple had sought the termination of the 25-week-old pregnancy. But on August 4, the Bombay HC dismissed the plea saying that the case is not convincing.

The medical report had claimed that the child would have required a pacemaker soon after birth. The case has divided the country into two sides - one against the abortion and the other which favors the couple.

Confirming that his wife Niketa had a miscarriage on Tuesday, Haresh Mehta said, “If not the court, at least god was on our side.”

Well, its god own justice to the couple and their unborn baby. Whatever it happens, it happens for good but the case had caught much attention by the country and media which left many questions unanswered. Should the 37-year-old abortion law needs amendment? It is the one of the biggest question on the law.

Tags: Abort, Abort Child, Abortion, Child, congenital heart, Court, Harrish Mehta, Niketa Mehta, Parents

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.

Tags: Abort, Abort Child, Abortion, Child, congenital heart, Court, Harrish Mehta, Niketa Mehta, Parents