URMILA JAGTAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. With consent of the parties, Rule is made returnable forthwith.

(2.) This petition is filed by the petitioner mainly for permission to undergo medical termination of pregnancy at the medical facility of her choice.

(3.) It is the case of the petitioner that she is into 23 rd week of pregnancy. In the medical examination conducted between 30.11.2019 to 21.12.2019 it was revealed and confirmed that the fetus was having serious anomalies like that of skeletal dysplasia (Anchondroplasia) which would have the impact on the baby after birth, such as, these babies would be very short (height cannot go beyond 130-140 cms), short upper arms, thighs, deformities of spine and skull, making them prone to major orthopedic problems and repeated ear infections. The petitioner has stated in her petition that she desired to terminate the pregnancy, but, she was barred from doing so because the pregnancy had exceeded the statutory period of 20 weeks provided under the Medical Termination of Pregnancy Act , 1971 (hereinafter referred to as 'MTP Act').