Mid-2017,
there was this one case and we went to the
court hoping because it was severe
fetal abnormality but it was, I think, 25
-26 weeks and up until then the court had
only allowed termination for 24-25 weeks.
So, it was somehow bordering the area and
eventually, the Medical Board gave an
opinion against the termination. And the
court refused to hear us at length
because the court said that, you know, "if
the Medical Board is not allowing it, we are
in no position to hear you any further
than that." And then, this woman, she went
back to the same hospital that had given
a medical opinion against termination.
She gave birth to the baby there and it
was a baby boy who had severe
neurological issues. The baby was kept in
NICU for good 7-10 days. The mother,
the petitioner, she was not allowed to
leave the hospital because the doctors
were, you know, they were scared that if
she leaves she would not come back for
the child. So, once probably the, you know,
it was assessed that the condition is
not such that it could improve any
further, the baby was handed over to
the mother and she was asked to take
care of the baby as long as it would
survive. So, she comes back and then a
month later the baby dies. So, the impact
it had on her and how she refused to
speak to anybody– I think, she
is in a place where she is still trying
to cope up. It's been 2 years and she's
still trying to cope up with it. I have
been in touch with her and from
time to time when we talk, you know.
When we talk about what happened, you
know that it is something that stayed
with her and when you're part of
something like this, it stays with you as
a person because you know what happened,
you've been a part of every single
moment of that situation, so it stays
with you. There is no way you can run
away from that.
I believe as a person for me to keep in
touch with them, to also know how they
are doing, because even going to the
court is traumatic for them. Imagine
having to go to the Supreme Court or the
High Court to seek permission to abort,
to seek permission to do what they want
to do with their body. It's very
difficult for anybody. And it is
important to keep in touch with them to
know how they have come around to accept what
has happened and what has been their
experience. And you also connect with
each other because you've been there
through that phase.
In the last three years, I believe they
have moved ahead considerably, given that
when we started, I remember in 2016, the
understanding of abortion rights or not
just the law I think just just women
seeking termination or late termination
was very different from now. Because then
the court was like, "Come on,
if the baby will survive then of course
like you cannot do it." But now when
pro-life groups come to the
court and have tried to implead
themselves, we hear judges who
have probably not heard cases for
abortion rights but who have kept themselves
updated about what is happening in this
issue, they themselves – I don't have
to go and tell them that
it's just a regressive mindset or it's a
regressive argument to say that
women should not have the right. It is
the judge who says that "No, it's
wrong because you cannot tell a woman
what she can and cannot do. It is her
right and you cannot come up with an
argument today in court saying
that 'we believe'. Just because
you believe that life begins
at conception, does not mean
that you know you will impose that on
the woman."
I think for anybody in human rights work,
especially human rights litigation, when
you're going to the court you know that
you don't have a choice, right? Because
somebody has to do it and it is
important because whatever you are doing
today has an irreversible
effect on that person's life. And being
able to go back home every day knowing
that what I did actually made a positive
difference in somebody's life or
positively impacted somebody's life to a
very large extent, then there is nothing
better.
