LAWS(BOM)-2023-5-35

ABC Vs. STATE OF MAHARASHTRA

Decided On May 29, 2023
ABC Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Mrs.Salunkhe, learned AGP waives service for the Respondent. Rule is made returnable forthwith. By consent of parties, the Writ Petition is heard finally.

(2.) By this Petition filed under Article 226 of the Constitution of India, the Petitioner has prayed for a writ of mandamus directing the Respondent to constitute a Medical Committee for examination of the Petitioner and for seeking permission for Medical Termination of Pregnancy.

(3.) The Petitioner a married woman and has approached this Court, praying for termination of Medical Pregnancy having a 24 weeks fetus. The Petitioner has annexed the report of Orange Diagnostic Centre, as also two reports from the Jaslok Hospital which indicates that microcephaly is an evolving foetal abnormality and neurological development for the baby can be affected and for which the parents have intended medical termination of pregnancy.