Sonali Sandeep Shinde v. State Of Maharashtra Thru The Prin. Secretary, Public Health Dept.
R.M. AMBERKAR (Private Secretary)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10322 OF 2019 Sonali Sandeep Shinde ..
Petitioner
Versus
State of Maharashtra ..
Respondent ...................
Ms. Iswarya Subbiah i/by Ms. Aditi Saxena for the Petitioner Mr. P.G. Sawant, AGP for the Respondent - State ...................
CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ.
DATE : SEPTEMBER 30, 2019.
P.C.:
1.
Pursuant to our order dated 25.9.2019, the Dean of the Sir J.J. Group of Hospitals, Mumbai has constituted a Medical Board comprising of the following doctors:- 1.
Dr. Ashok Anand, Professor & Head, Dept. of Obstetrics and Gynecology, Grant Government Medical College and Sir J.J. Group of Hospitals, Mumbai.
2.
Dr. V.P. Kale, Professor & Head, Dept. of Psychiatry, Grant Govt. Medical College & Sir J.J. Group of Hospitals, Mumbai.
3.
Dr. Shilpa Domkundwar, Professor, Dept. of Radiology, Sir J.J. Group of Hospitals, Mumbai.
4.
Dr. Nita Sutay, Professor & Head, Dept. of Pediatrics, Grant Govt. Medical College & Sir J.J. Group of
Hospitals, Mumbai.
5.
Dr. N.O. Bansal, Professor and Head, Dept. of Cardiology, Grant Govt. Medical College & Sir J.J. Group of Hospitals, Mumbai.
6.
Dr. Hemangi Athawale, Assistant Professor, Dept. of Paediatrics surgery, Grant Government Medical College and Sir J.J. Group of Hospitals, Mumbai. 7.
Dr. Manoj Joshi, Associate Professor & HOD, Dept of C.V.T.S., Grant Govt. Medical College & Sir J.J. Group of Hospitals, Mumbai.
2.
The Board has submitted its report to this Court today. We have gone through the report and the opinion of the Board, which is reproduced hereunder:- "UPON EXAMINATION & AFTER CAREFUL STUDY OF MULTIPLE SONOGRAPHY REPORTS, IT IS CONFIRMED THAT THE FETUS SUFFERS FROM COMPLEX CONGENITAL CARDIAC ANOMALIES IN FORM OF DOUBLE OUTLET RIGHT VERTICLE WITH HYPOPLASTIC LEFT VENTRICLE WITH PULMONARY STENOSIS WITH ATRIAL SEPTAL DEFECT AND VENTRICULAR SEPTAL DEFECT.
THE CONDITION OF THE FETUS FULFILLS THE CRITERIA OF "SUBSTANTIAL RISK OF SERIOUS PHYSICAL HANDICAP".
THE WOMAN HAS BEEN EXPLAINED ABOUT THE OUTCOME IN THE LANGUAGE SHE UNDERSTANDS.
THE PREGNANT WOMAN HAS VOLUNTARILY EXPRESSED HER DESIRE TO TERMINATE THE PREGNANCY AND IS WELL INFORMED ABOUT THE NATURE OF THE CONDITION OF FETUS AND ITS OUTCOME. SHE IS ANGUISHED WITH THE CONDITION OF THE FETUS IN UTERO. AS THE CHILD BORN WITH MAY HAVE MORBID LIFE WITH MULTIPLE OPERATIVE INTERVATIONS WITH
VERY HIGH MORBIDITY AND MORTALITY.
THE PREGNANCY HAS ADVANCED TO 21 WEEKS 3 DAYS AND IS BEYOND 20 WEEKS CUT OF THE MEDICAL INTERMISSION OF PREGNANCY ACT. HENCE SHE HAS APPROACHED HONOURABLE COURT FOR TERMINATION OF PREGNANCY.
THUS IF THE COURT PERMITS THE PREGNANCY CAN BE TERMINATED AT ANY TERTIARY CARE HOSPITAL AS DESIRED BY THE WOMAN. THE HON. HIGH COURT IS HOWEVER, REQUESTED TO INSTRUCT THE PARENTS TO BEAR RESPONSIBILITY OF THE CHILD AND THE REQUIRED NEONATAL MANAGEMENT IF BORN ALIVE."
3.
In view thereof, the Writ Petition which is taken up for final hearing is allowed. The petitioner is permitted to undergo medical termination of pregnancy at her own risk at Sir J.J. Group of Hospitals, Mumbai. It is clarified that the Petitioner shall undergo the procedure for medical termination of pregnancy at her own risk.
4.
It is further made clear that the doctors, who have put their opinions on record, shall have the immunity in the event of occurrence of any litigation arising out of the instant petition.
5.
Writ Petition is disposed of in above terms. There shall be no order as to costs.
6.
Copy of this order shall be forwarded to the Dean of Sir J.J. Group of Hospitals, Mumbai.
7.
All concerned shall act on an ordinary copy of this order duly authenticated by Associate / Private Secretary of this Court.
[ S.J. KATHAWALLA, J. ] [ AKIL KURESHI, J ]