APARNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Civil Writ Petition seeks permission of the court for medical termination of the Petitioner's pregnancy of 30 weeks. The Petitioner learnt of her pregnancy in the month of September 2020. Initial tests did not indicate any abnormality of the foetus. MRI and Ultra Sound Tests conducted on 9/3/2021, however, indicated abnormalities in the foetus such as (i) complete corpus callosal agensies with absent cavum setptum pellucidum, (ii) Colpcephay, and (iii) Hupoplasia of the inferior vermis with normal Tegmentovermian angel suggestive of Dandy Walker variant. In view of these findings and conscious of the fact that the baby might not survive and any continuation of pregnancy would be dangerous not only to life of the child but the Petitioner herself, she was advised medical termination of pregnancy. Considering that the pregnancy was into 29th week, the Petitioner approached this court for permission to terminate her pregnancy in accordance with the provisions of Ss. 3, 4 and 5 of the Medical Termination Act 1971 ("Act").

(2.) By an order passed by this court on 12/4/2021, the case was referred to a medical board to be constituted by the Dean of Sir J.J. Group of Hospitals, Mumbai. The Medical Board was directed to examine the Petitioner and submit its report to this court, particularly concerning, whether it would be advisable to permit her to legally terminate her pregnancy.

(3.) The committee, under the chairmanship of Dr. Preeti Frank Lewis, Associate Professor and Head of Unit, Dept. of Obstetrics and Gynecology, Grant Government Medical College and Sir JJ Group of Hospitals, Mumbai, consisting of six other eminent doctors in accordance with the constitution of the board proposed by this court, examined the patient on 13/4/2021. The committee, after taking into account USG OBS, and in view of individual opinions of all committee members, has come to a unanimous conclusion that the foetus suffers from serious neurological abnormalities in the form of "Corpus Callosal Agenesis, Colpocephaly and isolated inferior vermis hypoplasia". The condition of the patient, according to the committee, fulfills the criteria of "substantial risk of serious physical handicap with very high morbidity and occasional mortality." The committee has, in its opinion, also considered the risk of termination of pregnancy at 30 weeks. The committee has opined the risk to be no more than for delivery at the end of the term. Considering the volition of the pregnant woman upon being informed of the nature of foetus condition and possible outcome, and after taking into account various aspects of health and safety, the committee has come to a unanimous finding that the Petitioner's pregnancy can be terminated as desired by her, with due risk, at any tertiary centre of her choice. The committee's report, communicated to this court vide its covering letter dtd. 15/4/2021, is kept on record, marked 'X' for identification.