Covid-19 Patients are not Untouchables: HC fumes at Hospital’s refusal to examine Pregnant Woman

COVID-19 patients are not untouchables, a Nagpur bench of the High Court of Bombay has said while expressing displeasure over a State Govt-run hospital’s refusal to clinically examine a woman, who had moved the Court in a bid to get her advanced pregnancy terminated after she was found to have contracted SARS-CoV-2, which causes the viral disease.

“We fail to understand as to how the Covid-19 patient cannot be clinically examined by doctors,” said the 2-Member Division Bench, comprising Justice Ravi Deshpande and Justice Pushpa Ganediwala.

The Court made the observation while noticing that the Chandrapur-based Govt Medical College hadn't clinically examined the pregnant woman after she had tested COVID positive.

The Bench added that “As we understand, day in and day out Covid-19 patients are being treated in hospitals. There is no question of them being untouchables".

The petitioner had moved the High Court seeking permission to medically terminate her 23-week pregnancy while contending that the scan report has revealed that the foetus was suffering from several deformities.

She had pleaded before the Court that her doctor was of the opinion that there was substantial risk after the delivery, as the newborn could suffer from physical and mental abnormalities.

The bench on Oct 7 had directed the Govt Medical College authorities to constitute an expert panel to examine the petitioner and submit a report in a bid to determine whether her plea for medical termination of her 23-week pregnancy could be upheld.

An additional Govt pleader submitted the report before the bench on Monday (Oct 12).

However, the Judges were annoyed after the Govt Advocate informed them that the petitioner would have to be clinically examined to ascertain if she was fit to undergo the termination of her pregnancy.

The bench directed the expert panel to clinically examine the petitioner and to take a decision on the mode and manner in which the termination of the pregnancy could take place.

The bench also ordered the panel to decide whether the termination of pregnancy could be done when the patient was yet to recover from the viral infection and submit a report before the Court.

The bench will give its verdict on Thursday on the basis of the panel’s report. 

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