Pooja Ganesh Jagtap And Another v. The State Of Maharashtra And Another

6121-20wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6121 OF 2020 Pooja w/o Ganesh Jagtap and anr.

.. Petitioners

Versus

The State of Maharashtra and ors.

.. Respondents Mr Y.B. Bolkar, Advocate for petitioners Mr S.N. Kendre, A.G.P. for respondents CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 9th September 2020 PER COURT:

1.

The petitioner no.1 seeks permission to terminate the pregnancy. 2.

Mr Bolkar, the learned Advocate for the petitioners submits that the private Doctors have recommended termination of pregnancy on the ground that the fetus would land up in sub-standard of life. The Doctors have pointed out the deficiencies and the disabilities, the fetus would suffer.

3.

We had referred the petitioner no.1 to the expert committee constituted by the Dean, Government Medical College and Hospital, Aurangabad. The expert Committee examined petitioner no.1 and submitted the report. The relevant part of the report reads thus :

6121-20wp "12.

Investigations done :

Sr.No.

Investigations done Key findings 01.

CBC, URINE ROUTINE WNL 02.

USG Single live intrauterine gestation of 23 weeks with left renal agenesis/hypoplasia and echogenic focus in heart. Gastric bubble appears persistently small, however liquor appears adequate 13.

Additional findings and observations : N.A.

14.

Physical fitness for termination : Not applicable A.

Yes B.

No - Not recommended (if no, justification) : Taking into considerations above radiological finding, no substantial risk to fetus if born. Termination of pregnancy is not recommended.

17.

Date and time : 08/09/2020 at 03 p.m."

4.

The Committee has opined that taking into considerations the radiological finding, no substantial risk to the fetus if born. The Committee does not recommend termination of pregnancy.

5.

In view of the report of the expert Committee, the permission to terminate the pregnancy cannot be granted.

6.

Writ Petition is dismissed.

( SHRIKANT D. KULKARNI, J. ) ( S.V. GANGAPURWALA, J. ) vvr