Bombay High Court
Xyz And Anr vs The Dean Dr.Vaishampayan Memo. ... on 20 December, 2022
Bench: R.D. Dhanuka, M. M. Sathaye
wpl15605-22 (C1).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 15605 OF 2022
XYZ and Anr. ..Petitioners
V/s.
The Dean, Dr. Vaishampayam
Memorial Government Medical College
and Chhatrapati Shivaji Maharaj General
Hospital and Ors. ..Respondents
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SNEHA Mr. Prosper D'Souza for the Petitioner.
NITIN
CHAVAN Mr. A. P. Vanarase, AGP for the Respondent/State.
Digitally signed
by SNEHA
NITIN CHAVAN
----
Date: 2022.12.21
16:55:46 +0530 CORAM : R.D.DHANUKA, AND
M.M.SATHAYE, JJ.
DATE : 20 DECEMBER 2022
P.C.
. Not on board. Mentioned and taken up in view of urgency.
2. By this petition, the Petitioner No.1 is praying for
permission to the Respondent No. 1 to take steps for termination
of pregnancy of Petitioner No.1, which is stated to be 28 weeks.
It is the case of the Petitioner No.1 that the foetus that she is
carrying, is likely to be born with deformities and abnormalities.
3. In view of the urgency in the matter, by our order dated
16.12.2022, we had directed the medical examination of the
Sneha Chavan page 1 of 5
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Petitioner No.1 by Medical Board consisting of medical experts as
suggested by Respondent No.1. The Petitioner No.1 appeared
before the medical board and report has been issued.
4. The learned counsel for the Petitioners placed on record a
medical report dated 17.12.2022 of the Medical Board of
Respondent No.1. The same is taken on record.
5. Perusal of the said medical report shows that the Board has
found the Petitioner 29 weeks into pregnancy but, has
recommended medical termination of pregnancy and has also
given certain additional findings and observations which read as
follows:
14. Additional findings and observations:
Record additional findings and observations
here, if any (Also include any risk to the health of girl/
woman in case of continuation of pregnancy as well as
termination):-
On examination gestational age is of 29 weeks
02 days, so, if decision of termination is taken,
following complications can occur during delivery-
1) Delivery time is prolonged as she is 29 weeks
gestation.
2) Patient may require surgical intervention and
intra-operative and post-operative complications is
similar to other surgeries.
Sneha Chavan page 2 of 5
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3) According to USG done on 17/12/2022, the
gestational age is 29 weeks 02 days with EFW-1441
gms and so, there are chances of survival of fetus
requiring NICU admission and management.
4) For mother in future pregnancy, chances of
complications are more likely.
5) If patient requires surgical intervention, she
becomes a High Risk Case of hysterotomy, so, in the
next pregnancy, she can have chances of Uterine Scar
dehiscene, scar rupture.
The Physical fitness and recommendation is reported to be as
follows:
15. Physical fitness for termination: Yes.
Recommendation by Medical Board for
termination (choose one and provide any
additional recommendations of the panel in the
box below if any):-
Recommended-(if yes,-Please mention the
methods):- Tab, Misoprostol 100 mcg per vaginally
6 hourly.
Key recommendation of the panel (if any) with
justification :-
Decision of termination of pregnancy may be
taken on grounds of fetal congenital anomaly."
6. The learned counsel for the Petitioners placed reliance on
the order of this Court passed in Writ Petition No. 15057/2022
Sneha Chavan page 3 of 5
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dated 13.12.2022. In the said order this Court has also
considered similar order dt. 28/09/22 passed by this Court in
Writ Petition (L) No. 30453 of 2022 in which medical termination of
32 weeks pregnancy was allowed as also a Judgment of the Division
Bench of this Court in Writ Petition No. 10835 of 20181
7. Heard Mr. Vanarase, the learned AGP for the State.
8. We have perused the report submitted by the medical board
along with additional findings and recommendation. We have
also perused the judgments relied upon by the Petitioners.
9. On a specific query put to the learned counsel for the
Petitioners, it is stated that the Petitioner No.1 who is an adult,
has expressed her desire to terminate her pregnancy voluntarily
and she is well informed about the nature and condition of foetus
and all possible outcomes and risks involved in the procedure.
The statement is accepted.
10. We accordingly pass following order:
(i) The Petitioner No.1 is permitted to terminate the
pregnancy at Respondent No.1 Dr. Vaishampayam Memorial
Government Medical College and Chhatrapati Shivaji Maharaj
General Hospital in Solapur.
1 (2019) SCC Online Bom 560
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(ii) The medical team who would be performing the
termination of pregnancy shall take utmost care while carrying
out the termination and more particularly regarding the findings
and observation made by the Board.
(iii) In the event, the child being born alive, the medical
team conducting procedure shall ensure all the necessary facilities
are made available for saving his/her life.
(iv) In the event, the child being born alive, the Petitioner
No.1 and her husband shall take full responsibility for such child.
(v) Petition is allowed in above terms.
11. The learned AGP to convey this order to Respondent No.1.
M.M.SATHAYE, J. R.D.DHANUKA, J.
Sneha Chavan page 5 of 5
