Bombay High Court
X vs Scsm General Hospital Solapur And ... on 22 December, 2022
Bench: R.D. Dhanuka, M. M. Sathaye
901 wp 15747-22 (MTP) (C1).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 15747 OF 2022
X
Since minor, through the natural
guardian, Father ..Petitioner
V/s.
V.M. Medical College, Solapur and
SNEHA
Shree Chhatrapati Shivaji Maharaj Sarvopchar
NITIN Rugnalaly, Solapur and Anr. ..Respondents
CHAVAN ----
Digitally signed by
SNEHA NITIN
Mr. Ulhas Nana Jadhav i/b Saloni Ghule for the Petitioner.
CHAVAN
Date: 2022.12.23 Mrs. M.P. Thakur, AGP for the Respondents.
14:21:54 +0530
----
CORAM : R.D.DHANUKA, AND
M.M.SATHAYE, JJ.
DATE : 22 DECEMBER 2022
P.C.
. By this petition, the Petitioner is praying for permission to
to take steps for termination of pregnancy of his minor daughter
in Respondent No.1 hospital. It is the case of the Petitioner that
his daughter is a victim of rape, who has been sexually assaulted
by an accused. In view of the urgency of the matter, by our order
dated 20.12.2022, we directed the medical examination of the
Petitioner's daughter by a Medical Board of Resp. No. 1
consisting of medical experts, who have issued a report, after
medical examination.
Sneha Chavan page 1 of 5
901 wp 15747-22 (MTP) (C1).doc
2. The learned counsel for the Petitioner placed on record a
report dated 21.12.2022 of the Medical Board of Respondent
No.1. The same is taken on record.
3. Perusal of the said medical report shows that the Board has
found the Petitioner's daughter 26 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 26 weeks,
so, if decision of termination is taken, following
complications can occur during delivery-
1) Delivery time is prolonged as she is 26 weeks
gestation.
2) Patient may require surgical intervention and
intra-operative and post-operative complications is
similar to other surgeries.
3) According to USG done on 06/12/2022, the
gestational age is 26 weeks 02 days, there are chances
of survival of fetus requiring NICU admission and
management.
Sneha Chavan page 2 of 5
901 wp 15747-22 (MTP) (C1).doc
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 200 mcg per
vaginally 6 hourly.
Key recommendation of the panel (if any) with
justification :-
Unmarried premigravida with 26 weeks 2 days
gestation with allged history of sexual assault
wanting for termination of pregnancy."
4. The learned counsel for the Petitioners placed reliance on
the order of this Court passed in Writ Petition No. 15057/2022
dated 13.12.2022. In the said order this Court has also
considered similar order dated 28/09/22 passed by this Court in
Writ Petition (L) No. 30453 of 2022 in which medical termination of
Sneha Chavan page 3 of 5
901 wp 15747-22 (MTP) (C1).doc
32 weeks pregnancy was allowed as also a Judgment of the Division
Bench of this Court in Writ Petition No. 10835 of 20181
5. Heard Mrs.Thakur, the learned AGP for the State.
6. We have perused the judgments relied upon by the
Petitioners. We have perused the report submitted by the medical
board along with additional findings and recommendation which
shows that there are chances of complications for the mother in
future. Petitioner's daughter who is about 14 years of age, is stated
to be victim of sexual assault who is a minor. It is urged that she
must have gone through trauma and anguish causing grave injury
to her mental health, in the peculiar facts.
7. Therefore we pass following order:
ORDER
(i) The Petitioner's daughter is permitted to terminate
her pregnancy at Respondent No.1 V.M. Medical College,
Solapur and Shree Chhatrapati Shivaji Maharaj Sarvopchar
Rugnalaly, Solapur in Solapur, after the Petitioner, being her
guardian, signs written consent for the same.
(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.
1 (2019) SCC Online Bom 560
Sneha Chavan page 4 of 5
901 wp 15747-22 (MTP) (C1).doc
(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 view of the facts of this case, in the event, the child
being born alive and the Petitioner's family is not willing to take
responsibility of such child, the State and its agencies will have to
assume full responsibility for such child.
(v) The Petitioner's daughter can remain present for
further procedure/examination tomorrow at 3.00 p.m.
(v) Petition is allowed in above terms.
8. 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
