Shakun Parmeshwar Dighe v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6300 OF 2020 SHAKUN PARMESHWAR DIGHE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mr. Vilas P Savant AGP for Respondents-State : Mr. S. N. Kendre ...

CORAM : DIPANKAR DATTA, C.J.

& S.V. GANGAPURWALA, J.

DATE : 18TH SEPTEMBER, 2020.

PER COURT:

1] The petitioner seeks permission for termination of pregnancy. The petitioner was referred to the Expert Committee of the Government Medical College and Hospital, Latur. The Expert Committee examined the petitioner and submitted report. The relevant portion of the report reads thus :- "Investigation done :- Sr. No.

Investigation done Key findings 1.

CBC Hb-11.2 gm/dt.

2.

HIV,HBSAG Non-Reactive 3.

Blood Group O Positive 4.

Liver & Kidney Function Tests Normal 5.

Obstretic USG (17.09.2020) Single Live Intrauterine Pregnancy of 26 weeks 4 days +/- week with exencaphaly with VSD with Poly Hydrous and single right sided umbilical artery

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Additional Findings and Observations :

A} Record additional findings and observations here, if any,(Also include any risk to the health of girl/woman in case continuation of pregnancy as well as termination) - She is Second Gravida Patient with history of previous one Caesarian delivery hence may need surgical Method of termination of pregnancy, If Medical Methods fail 15.

Physical Fitness for termination :

a] Yes.

b] No.

16.

Recommendation by Medical Board for termination (Choose one and provide any additional recommendations of the panel in the box below (if any):

b] Recommended : (if yes, please mention the methods) :- Yes. Medical method is recommended if Medical methods fail then Surgical termination of pregnancy may be required. c] Not (if, no Justification)..

2] The Committee has opined that the continuation of her pregnancy would involve grave injury to her mental health and there is substantial risk if the child were born, it would sufer from such physical and mental abnormalities as to be seriously handicapped. 3] In the light of the report of Expert Committee, the petitioner is permitted to terminate the pregnancy at a Government recognized center.

4] Writ Petition stands disposed of.

[S.V. GANGAPURWALA,J] [CHIEF JUSTICE] grt/-