JASMINE ANWAR KEZHAKEKEKARA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. With consent of the parties, Rule is made returnable forthwith.

(2.) This petition is filed by the petitioner mainly for permission to undergo medical termination of pregnancy at the medical facility of her choice.

(3.) It is her case in the petition that, during her pregnancy, on 11/11/2019, an Ultrasound Obstetrics Examination was conducted and it was found that the foetus was having gestational age of 26 weeks and it suffered from serious cardiac anomalies. Further Fetal Cardiac examination was conducted on 18/11/2019 and the existence of such serious multiple anomalies were confirmed. A specialist's opinion was sought and it was observed by the specialist that, there was a significant cardiomegaly with heart occupying more than 70% of thorasic cavity. The foetus thus had serious cardiac condition. However, since the pregnancy had extended beyond statutory period of 20 weeks prescribed under the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as 'MTP Act'), the petitioner had to approach this court for permission to undergo procedure for medical termination of pregnancy. It is her case that, continuation of the pregnancy and enforcement of the MTP Act, has led the petitioner to undergo severe psychological, physical, mental and emotional trauma.