Ku. Ramsiya D/O Dhanalal Jamore v. Union Of India, Thr. Ministry Of Health, New Delhi And Others

2024:BHC-NAG:6174-DB 2-WP-3603-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.

of Ku. Ramsiya d/o Dhanalal Jamore vs Union of India, through Ministry of Health, New Delhi and others. -------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order -------------------------------------------------------------------------------------------- Ms Soniya Gajbhiye, Advocate for petitioner.

Mr N. S. Deshpande, Dy. Solicitor General of India for respondent no.1. Mr. D.V. Chauhan, Government Pleader with Mr A. M. Kadukar, Assistant Government Pleader for respondent/State.

CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 18th JUNE, 2024 Heard.

2.

By a reasoned order on 13.06.2024, we have directed constitution of Medical Board pursuant to Standard Operating Procedure (SOP) issued by the Public Health Department. 3.

Mr. Chauhan, learned Government Pleader has placed report of the Medical Board along with other medical papers. Alongwith the above, affidavit of Dean, Government Medical College, Nagpur, is also placed on record.

4.

The opinion/recommendations of the Medical Board are as under:

"The opinion of MTP Board is as follows:

1.

Patient is pregnant with a normal live fetus of gestational age 25 weeks 2 days (more than 24 weeks. 2.

Mother is mentally and physically fit to undergo MTP.

3.

There is no fetal anomaly or medical indication for MTP."

2-WP-3603-2024.odt 2 5.

We are informed that the victim is already hospitalized in the Government Medical College, Nagpur and is ready and willing to undergo medical termination of pregnancy.

6.

In view of the recommendations of the Medical Board and the consent given by the victim, we deem it appropriate to dispose of the writ petition with a direction to the Medical Board to take such recourse as is permissible and available in SOP for medical termination of pregnancy.

7.

The writ petition stands disposed of with aforesaid directions. No costs.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Andurkar.