How often I lost
myself in wilderness reflecting on that enigmatic statement of JK: ‘fear of the
known’! One such occasion was when the Mumbai High Court was hearing the
pleadings of Niketa and Harish Mehta—the young couple from the suburban
Bhayandar of Mumbai—who bravely sought court’s permission to abort their
25-week-old foetus that is said to have two abnormalities: one, a complete
congenital heart blockage; and two, mal-positioned arteries because of which it
is felt that there is a “very fair chance” of the child being born
“incapacitated and handicapped to survive”.
The counselor
for the couple made a valiant plea in the court that though the MTP Act of 1971
permits abortion beyond 20 weeks when the pregnant woman’s life is at risk, but
it has failed to take cognizance of the risk of congenital mental or physical
disability that the new born child is likely to encounter as the pre-natal
tests predicted. Hence, they pleaded for correction of the lacuna.
The court has,
however, expressed its clear disinclination to entertain the plea saying, “It
is not our job to amend the laws; it is for legislators to do so. How can the
court legislate? It is beyond our powers. It is difficult for us to give the
direction you are asking. You should approach the legislators.” Finally, the court did what the law permits:
it dismissed the petition observing that “the legislature in its wisdom has
stipulated a time bar of 20 weeks and there is no case made out for us to
exercise our discretion to permit the abortion.”
Law and the
dispensers of law have thus made themselves clear in no uncertain terms. But
that is not the end of the trauma for Niketa and Harish. One can well
understand what the court decision meant to the young couple, who are dead
scared to think of nurturing a likely to be handicapped child for the rest of
their life. Its upheaval will surely be as frenzied for them as the nation’s
restive thoughts over it.
The whole
episode makes life mock at us afresh: life is not linear but circular. Its end
and beginning are, perhaps, intertwined. Its deciphering is perhaps beyond our
philosophy. All this haunts the nation with a battery of questions: Are we to
dominate and channel the ‘living energy’ in the interests of the bearer? The
answer is perhaps, ‘yes’, or perhaps ‘no’. But, looking at the families who are
already parenting disabled children and the way they dote on their child
regardless of the handicap, leaving no stone unturned to fix whatever that is
wrong with their child, one wonders if disability should make parents disown a
child. And, at the same time, can we ignore the hell that these parents pass
through daily in undertaking grueling tasks for keeping the child going,
besides silently harboring a gnawing fear of what would happen to the child
after they are gone. The trauma that these parents pass through can be better
understood if we contrast the anxiety that the parents of a normal child pass
through when their child catches a cold or cough or suffers a pain that he is
not able to name except to cry till it is corrected.
Of course, that
is a ‘given’. But in the case of Niketa, it is a known reality—of future—that
the court has decreed her to endure. Again, one may say that is a ‘given’ to
the court. Agreed, but is it the end of the road? Doctors say that today the
medical technology has so advanced that it is safe to abort a foetus till the
24th week. That is indeed what the doctor representing Niketa pleaded in the
case. There is yet another question that begs an answer: Does Niketa, as a
mother, has any right to protect the yet unborn child from the future
suffering? Or, has she no right to terminate the life of an unborn child,
however arduous his/her journey is going to be?
There are no
clear ‘yes’ or ‘no’ answer to these questions, for there is a lot of gray area
in between. For, life is, after all, not linearly advancing… But one
thing is certain: ironically, increased knowledge is enhancing our awareness of
risks and, perhaps, heightening our fears.
Let us hope that
the day is not far off when our growing knowledge will afford us freedom from
the ‘known’.
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