XYZ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, the petitioner seeks termination of the pregnancy of her daughter, who is aged 15 years 9 months, a victim of sexual assault.

(2.) Vide order dtd. 29/8/2023, we had directed the respondent No.3 - Dean/Medical Officer In Charge, District Hospital, Satara, to forthwith constitute a Medical Board in terms of Medical Termination of Pregnancy (Amendment) Act, 2021 r/w Medical Termination of Pregnancy Act, 1971 for examining the petitioner's daughter, who is 28 weeks 4 days pregnant. Pursuant thereto, the Medical Board examined the petitioner's daughter and submitted a report on 30/8/2023. Since in that one-line report, it was stated that the termination of pregnancy can be done c ... due risk, we thought it appropriate to direct the learned A.G.P to take instructions as to what was meant by due risk. Accordingly, learned A.G.P stated that the risks were, possibility of operative delivery/LSCS; possibility of Postpartum Haemorrhage; infection, septicemia; retained placenta or placental bits and subinvolution.

(3.) Learned counsel for the petitioner submitted that the report was not a detailed report and hence, the matter was kept today at 10:15 a.m and VC Link was directed to be provided to the parties, including to the petitioner and the Civil Surgeon, Satara. When we disclosed what was stated in the report, the Civil Surgeon, Satara stated that the petitioner's daughter would be re-examined to see whether she was fit for medical termination of pregnancy, physically and mentally and would accordingly submit a report at 2:30 p.m. today.