PRANEETHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition for permission to medically terminate her pregnancy under the medical care and supervision of Dr. Shefali Tyagi at Cloudnine (M/s Kids Clinic India Private Limited) Bellandur Village, Varthur Hobli, Bangalore. The petitioner's case is that she is married to Mr. Anil Kumar Ganappa. She is in the family way, and in the 22nd week of pregnancy she underwent ultrasound tests to ensure that the fetus was healthy. The ultrasound scan revealed Congenital Pulmonary Airway Malformation with evolving Hydorps and Polyhydramnious. She has secured a second opinion with M/s Kids Clinic India Private Limited (Cloudnine). She is advised even at M/s Kids Clinic India Private Limited (Cloudnine) to undergo another scan. The second scan also indicated anomalies viz., the lungs have not developed properly, there is no blood supply to the intestine and there was an abnormality in the heart. The Doctors at M/s Kids Clinic India Private Limited (Cloudnine) have also opined that the baby would not survive on delivery and therefore the pregnancy has to be medically terminated. The different scans and the opinions of the doctors are obtained in the 22nd week of pregnancy. The petitioner is advised that the medical termination of the pregnancy would be in the interest of the child to be born as well as in the interest of the petitioner.

(2.) This Court on 24.4.2020, after hearing the counsel for the petitioner, the learned Additional Government Advocate for respondent No. 1 and 2 and Sri Unnikrishna, the learned standing counsel for the Union of India - the respondent No.2, directed the respondent No.3 to constitute 'Expert Committee' to examine the petitioner and submit a report of this court. The petitioner volunteered to appear before the Expert Committee at the earliest. Pursuant to this order of the Court, the third respondent has appointed an Expert Committee comprising of Medical Superintendent, Professor and Head of the Departments of Obstetrics and Gynaecology, Paediatrics, Radiology, Psychiatry, Paediatric Surgery and medicine with Vanivilas Hospital, Victoria Hospital, PMSY Hospital, BMCRI, Bengaluru.

(3.) The learned Additional Government Advocate, with the permission of this Court, has placed on record the report of the Expert Committee. The Expert Committee has affirmed that the petitioner is in the 25th week of pregnancy and the presence of Fetal Ascites and Heterotaxy Syndrome, Multiple Anechoic Cystic areas and the likely CCAM -2. The final opinion of the Expert Committee is as follows: