Editor's note. Please send me your thoughts on this at daveandrusko@hotmail.com.

When the subject is abortion, it is not often that we hear good news coming out of India, a nation riddled with sex-selection abortions. But this week the Bombay High Court ruled against a couple who wished to abort their 26-week-old baby. Under the 1971 Medical Termination of Pregnancy Act, abortion is not permitted in India past the 20th week unless the mother faces a medical risk.

When Niketa, 31, and her husband, Haresh Mehta, learned that their child had a "fair chance" of being born with a congenital heart handicap and would need a pacemaker (replacement parts for which they said they could not afford), they sought an abortion.

Their gynecologist, Dr. Nikhil Dattar told reporters, "My plea was that the decision is best left to the parents who will take care of the child," adding, "We sought the opinion of many doctors and we were worried about the quality of life the child would have."

But citing India's abortion laws, doctors refused. Last month, the couple, along with Dr. Dattar, petitioned the court to allow an abortion, saying it was not until her 24th week of pregnancy that they learned of the potential problem.

The Court called together a committee of doctors who were given evidence about the risks to the baby if he were born and the risks to the mother, if she aborted the child. The committee told the Bombay High Court on Monday that there was no conclusive evidence the child's health would be "seriously compromised," according to the Gulf Daily News.

"The committee also added that it could be risky for the mother if she had an abortion at such an advanced stage of pregnancy."

In their decision Justices RMS Khandeparkar and Amjad Sayed alluded to the doctors' recommendations. "There is no medical evidence on record to say that he will be handicapped after birth," they wrote. "The petitioners have not made out that this lady's case is exceptional for us to use discretionary powers.

In a welcomed display of judicial modesty, the Court said it was up to Parliament and not the court to change the provisions of Indian law.

Other pieces of good news. "The case has sparked a flood of offers from individuals and non-governmental groups to adopt the child when it is born," the Gulf Daily News reported.

Jayesh Kamath, a member of the Indian Medical Association, described the court's verdict as a victory, the Associated Press reported "Children with pacemakers can lead full lives," he said. "If this case was accepted, then people could abort babies on any ground."

According to Dr. Dattar, "We have not yet decided on approaching the Supreme Court in the matter."