Amruta Ganesh Thoke v. The State Of Maharashtra Thr Its Secretary And Another

1 110-wp 674-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 674 OF 2021 Amruta Ganesh Thoke .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Mr. Mangesh M. Jadhav, Advocate for the Petitioner. Mr. S. R. Yadav-Lonikar, AGP for Respondent Nos. 1 and 2. CORAM :

S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 18th JANUARY, 2021.

PER COURT:- .

The petitioner seeks permission to terminate the pregnancy. 2.

The petitioner was referred to the expert committee at Government Medical College and Hospital, Aurangabad. The expert committee has examined the petitioner and submitted the report. The relevant part of the report reads thus :- "Procedure for examination :

9.

Date and time of commencement of examination : 16/01/2021 at 2.00 p.m.

10.

Review of available reports and investigations by : Sr.

Report reviewed Opinion on the findings No.

- -

2 110-wp 674-2021.odt 11.

Examination of girl/women done by : All Members of committee 12.

Counselling done by - Dr. Prasad Deshpande, HOD, Psychiatry. 13.

Investigations done :

Sr.

Investigations done No.

01.

CBC, URINE ROUTINE.

Hb-9.8gm%, Urine routine-WNL 02.

USG Single live intrauterine gestation of age 23 weeks 2 days with fetal small posterior fossa, slight inferior descent of cerebellum associated with mild hydrocephalus and lumbo-sacral meningocele. Finding suggest of ARNOLD CHIARI MALFORMATION-II 14.

Additional findings and observations : N.A.

15.

Physical fitness for termination A.

Yes B.

No 16.

Recommendations by Medical Board for termination : Recommended By Medical Method. Surgical intervention & blood transfusion may be required. The risk involved in the said procedure is explained to the patient & her husband.

Date and time : 16/01/2021. AT 2:30 PM"

3.

The committee has recommended termination of pregnancy. The committee has further suggested that surgical intervention and blood

3 110-wp 674-2021.odt transfusion may be required. The risk involved in the said procedure is explained to the petitioner and her husband.

4.

The learned counsel for the petitioner submits that the risk involved in termination of pregnancy is explained to the petitioner and she wants to proceed further with the termination of pregnancy. 5.

In the light of the report of the expert committee, the petitioner is permitted to terminate the pregnancy at Government recognized centre.

6.

Writ petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.