XXX Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition the petitioner seeks a declaration that hers is a fit case for terminating her pregnancy pursuant to Sec. 3(2)(b) of the Medical Termination of Pregnancy (Amendment) Act, 2021 read with Sec. 5 of the Medical Termination of Pregnancy Act, 1971 because the foetus is diagnosed with serious anomalies.

(2.) This petition was listed on 6/5/2022 before the Division Bench prior to the vacation and after considering the factual aspects, the Dean of J. J. Group of Hospital was directed to constitute a Medical Board as contemplated under the aforesaid Act so that the petitioner could be examined on 9/5/2022. The Board was required to submit the report by 11/5/2022 and the matter directed to be placed before the vacation court.

(3.) On facts the petitioner has filed this petition in her sole capacity. There is an averment that she and her husband have decided that it is better to terminate the pregnancy in view of the foetal anomaly detected on 2 nd May, 2022 when the petitioner underwent a scan at Nowrosjee Wadia Maternity Hospital, Mumbai. It was then found for the first time, that the foetus suffers from several issues such as "Left Congenital diaphragmatic hernia with stomach and small bowel as content with mediastinal shift to right". Prognosis is described as "Guarded" to "Poor". The opinion is issued by Dr. Vandana Bansal and is annexed to Exhibit C to the petition.