Sonali Shantilal Jadhav Alias Sonali Sundarlal Jaiswal And Another v. The Union Of India And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11072 OF 2019 SONALI W/O SHANTILAL JADHAV, SONALI D/O SUNDARLAL JAISWAL AND ORS ..PETITIONERS

VERSUS

THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS ..RESPONDENTS ...

Mr. Avinash M. Nagarkar, Advocate for the Petitioners.

Mr. P. S. Patil, AGP for Respondents-State.

...

CORAM : S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATED : 09th SEPTEMBER, 2019.

PER COURT:- 1.

The petitioner is seeking permission to terminate the pregnancy. The gestational age is 22 weeks and 01 day as per the report.

2.

The petitioner was referred to the Committee constituted by the Dean, Government Medical College and Hospital, Aurangabad. The Committee examined the petitioner and submitted the report. The report reads thus:

"The committee has thoroughly examined Sonali Shantilal Jadhav on 09.09.2019 and the report of her ultrasonography done at GMCH Aurangabad

(2) on date: 07.09.2019. Following findings are noted:

1.

Length of Pregnancy: Gestational Age of 22 weeks 01 days.

2.

Single live intrauterine fetus with ventricular septal defect, pulmonary artery atresia and overriding of aorta.

Taking into consideration the above findings there is evidence of substantial risk to the fetus if born.

Hence, this Committee recommends termination of pregnancy.

Pregnancy can be terminated at Government recognized centre of choice of the patient with due risk to mother and the risk is explained to her and her relatives."

3.

The Committee has opined that there is evidence of substantial risk to the fetus if born. Hence, the Committee recommends termination of pregnancy. The risk is explained to the petitioner and her relatives.

4.

The learned counsel for petitioners submits that the risk involved is explained to both the petitioners and petitioners want to proceed with the termination of pregnancy of petitioner no.1.

5.

In light of the above, the petitioner no.1

(3) is permitted to terminate the pregnancy at the Government recognized centre.

6.

Writ Petition is disposed of. No costs.

(ANIL S. KILOR) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/September-19