The Division Bench of the Bombay High Court, consisting of Justices Anil L. Pansare and Sunil B. Shukre while hearing a criminal writ petition, held that continuation of pregnancy would involve grave injury to physical and mental health of patient and substantial risk that if the child is born would suffer from physical abnormalities and significant morbidity. So, termination of pregnancy may be done with the high-risk consent of this patient and her relatives.
Facts
The case involved termination of a pregnancy of a foetus of about 36 weeks old due to either possible danger to the life of the petitioner or serious physical or mental issues to the child, if born.
Contentions made
It is the contention of the petitioner that though the petitioner is in the advanced stage of pregnancy carrying the foetus of about 36 weeks old the continuation of the pregnancy as opined by the expert doctors is likely to cause grave danger to the life of the petitioner and even if the birth of the child takes place, the child to be born is likely to be seriously incapacitated and handicapped and therefore, as held in the cases of Priyanka Shukla vs Union of India & Ors. and Mahima Yadav vs Government of NCT of Delhi & Ors in which Delhi High Court followed the settled law laid down by the Apex Court, this is a fit case for grant of permission to terminate the pregnancy.
The Additional Public Prosecutor submitted that the Medical Board constituted by this Court has only opined that the patient’s pregnancy is of 36 weeks and four days and continuation of pregnancy would involve a grave injury to the mental health of the petitioner and significant morbidity to her child, if born. He, therefore, submits that the best interest of justice a suitable order may be passed.
Tapasya Umesh Pisal vs. Union of India, Meera Santosh Pal vs. Union of India, Suchita Srivastava vs. Chandigarh Admn., Priyanka Shukla vs. Union of India & Ors., Sarmishtha Chakrabortty & Anr. vs. Union of India Secretary & Ors, were amongst the cases that were referred.
Findings
The Medical Board constituted for examining the request of the petitioner consisted of ten members. Three members of the Board categorically found that continuation of pregnancy would involve grave injury to mental health of the petitioner and significant morbidity to her child, if born. Fourth member opined that as per the cardiological evaluation the patient was deemed to be fit to undergo the procedure. The remaining members did not give any separate opinion. However, the conclusion was that the continuation of pregnancy of the petitioner would involve grave injury to her physical and mental health and substantial risk to the child, if born, which may be physical abnormality and subsequent morbidity, though, the late termination of pregnancy may involve risk to the life of the patient. The recommendation, therefore, was that if the termination of pregnancy is to be done, prior high-risk consent of the patient and relatives should be obtained.
Judgment
The Division Bench allowed the said petition and gave permission to the petitioner to medically terminate her pregnancy.
Case Name: Gulfsha W/O Wasim Sheikh vs State of Mah. Thr. Principal Secretary Public Health Dep. Mantralaya Mumbai & 2 Ors
Citation: Criminal Writ Petition No. 857 Of 2021
Bench: Justice Anil L. Pansare, Justice Sunil B. Shukre
Decided on: 7th December 2021
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