MRS. SWATI CHETAN FULZELE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard. Rule. By consent of the parties, the Rule is made returnable forthwith and the Petition is taken up for final hearing and disposal at the admission stage.

(2.) The Petitioner is undergoing pregnancy at 23rd week and prays for issuance of the directions to the Respondents to allow her to terminate her pregnancy on account of foetal anomalies. On examination by the Sonologist on 17.01.2018, following impressions are recorded :

(3.) The Petitioner contends that considering the medical condition of the fetus even if the baby is allowed to born, in all probabilities, is not likely to survive or will not have a normal life span or quality of life. Considering the prognosis, opinion of the expert on the medical examination of the petitioner, it is prayed that the petitioner may be permitted to undergo the procedure for medical termination of her pregnancy. Section 3 of the Act of 1971 (The Medical Termination Of Pregnancy Act , 1971), prescribes outer limit of 20 weeks for undergoing procedure for termination of pregnancy. In certain circumstances enumerated in section 5 of the Act, an exception is carved out and it prescribes termination of pregnancy in certain circumstances beyond 20 weeks. This court while dealing with the identical issue in the matter of Shaikh Ayesha Khatoon vs. Union of India and Ors ., reported in 2018 SCC OnLine Bom. 11, has observed in para 13 of the judgment, as quoted below :