NANDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By an order dated 15th April, 2020, this Court was pleased to call for an opinion of the Medical Board on the issues framed in paragraph-5 of the order. The observations of this Court were on the backdrop of material placed on record as well as the amended provisions of the Medical Termination of Pregnancy Act , 1971. By order dated 15 th April, 2020, the Medical Board was requested to submit a report to this Court at 11.30 a.m. on 17 th April, 2020 and this matter was adjourned to 17 th April, 2020 at 12.00 noon. On 17th April, 2020 when it was revealed that the report submitted to this Court was not a complete report in view of the issues referred to in paragraph-5 of the order dated 15th April, 2020, learned A.G.P. sought time to submit a fresh report to this Court in accordance with the issues framed in the order dated 15th April, 2020. Accordingly, time was granted. Considering the urgency in the matter, the matter was posted today i.e. 18th April, 2020 at 12.00 noon.

(2.) Today, Mr. Dande, learned A.G.P. submitted a report of the Medical Board for perusal of this Court. The Expert Committee, on examination of the petitioner and on the basis of her obstetric sonography report and obstetric ultra-sonography dated 16th April, 2020, recorded findings in accordance with the issues referred to by this Court in the order dated 15th April, 2020. The findings are as follows :

(3.) The findings, as such, recorded by the Expert Committee lead to conclusion that in the present matter, the termination of the pregnancy is must and necessary and as such, same is recommended. The report also states that the risk involved in the termination of pregnancy is explained to the mother i.e. petitioner and her relatives.