XXXXX Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) As recorded in our order dated 29/12/2021, the Petitioner who is a 30 years old married lady and is 25 weeks pregnant, has moved this Court seeking medical termination of her pregnancy on the ground that in her sonography reports, it is recorded that the foetus suffers from microcephaly. As recorded in our said order, microcephaly is a medical condition involving a smaller than normal head. Microcephaly may be present at birth or it may develop in the first few years of life; since brain growth is correlated with head growth, people with this disorder often have an intellectual disability, poor motor function, poor speech, abnormal facial features, seizures and dwarfism.

(2.) We had therefore, directed the Dean of J.J. Group of Hospitals, Mumbai to constitute a medical board comprising of the Dean of the said Hospital, Head of the Department (Gynecology), Professor and Head of Department of Pediatric / Cardiac Surgeon, Professor and Head of Department of Radiology and Head of Psychiatry Department, Professor and Head of Neurological Department and any other expert in the field as the Dean may deem appropriate to be included to examine the Petitioner and submit their report on 31/12/2021 at 10.30 a.m. qua the termination of the pregnancy of the Petitioner.

(3.) Accordingly, the Petitioner was present before the Board on 30/12/2021 to enable the medical board to examine her and submit their report to this Court today at 10.30 a.m. The Petitioner has been examined by the Medical Board consisting of Dr. Ashok Anand, Professor and Head, Department of Obsterics and Gynecology, Dr. Vanshree Patil, Professor and Head, Dept. of Psychiatry, Dr. Shruti Dhale, Associate Professor and Head, Dept, of Paediatrics, Dr. Yogesh Thube, Assistant Professor, Dept. of Radiology, Dr. Shashank Nagendra, Assistant Professor, Dept. of Neurology and Dr. Hrushikesh Khoraskar, Assistant Professor, Dept. of Neurosurgery of Grant Government Medical College and Sir J.J.Group of Hospitals, Mumbai. The said Medical Board have submitted their report dated 30/12/2021 to this Court. We have perused the report and the opinion of the medical Board is reproduced hereunder : "After careful examination of patient and study of ultrasonography reports, the Committee has come to the conclusion that in view of severe microcephaly and potential mental retardation and cognitive affection of the fetus the mother is anguished with the condition of fetus in utero. Therefore, the termination of the affected foetus is advisable as per the potential morbidities. The mother has expressed her desire to terminate the pregnancy and is well informed about the nature of the condition of the Fetus and its outcome. Since the pregnancy has advanced to 26 weeks she has approached to Honourable High Court for termination of pregnancy. If the Court permits, the medical termination of fetus can be done in any center where the pregnant woman wishes to undergo the procedure. The Hon'ble High Court is however, requested to instruct the parents to bear responsibility of the child and the required neonatal management if born alive."