Mrs. Shubhangi Prasad Sakunde v. The Union Of India And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.84 OF 2021 ...

Shubhangi Prasad Sakunde

...Petitioner

V/s.

The Union of India & Anr.

...Respondents

...

Mr.Vaibhav R. Gaikwad for the Petitioner.

Smt.Neha Bhide, `B' Panel Counsel for the Respondent-State. ...

CORAM : A.A. SAYED & MADHAV JAMDAR, JJ.

DATED : 15 JANUARY 2021 P.C.:

The Petition is filed seeking the following relief: "(a)This Hon'ble Court may be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction in the nature of writ, thereby kindly give permission to the Petitioner to terminate her pregnancy in light of the circumstances mentioned in the present Petition."

2.

On 12-01-2021, we have passed the following order: "1. The Petitioner is stated to be in her 23rd week of pregnancy. It is the case of the Petitioner that pursuant to the medical tests conducted, it was found that the foetus has developed anomalies. 1/3

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By way of interim measure, we direct that a Medical Board shall be constituted by the Dean of Sasoon General Hospital, Pune, consisting of following doctors :

(a) Dean;

(b) Professor & Head of Obstetrics and Gynaecology Department; (c) Professor & Head of Department of Radiology; (d) Professor & Head of Department Pediatrics (or such Doctor fromt his Department who specializes in Neurology).

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If any of the above Doctors are not available, the Dean of Sasoon General Hospital, Pune shall appoint another doctor.4.We direct that the Medical Board to examine the Petitioner and submit a report about permitting medical termination of pregnancy of the Petitioner to this Court before the next date.

5.

List the Petition on 15th January, 2021, High on Board. 6.

All concerned to act on authenticated copy of this order." 2.

Learned AGP has produced the copy of the Report of the Medical Board, which has recommended termination of pregnancy of the Petitioner. 3.

in view of the said Report, we are inclined to allow the Petition in terms of prayer clause (a). The Petitioner shall present herself before the Dean, Sasoon General Hospital, Pune within 5 days from today for carrying out necessary procedure.

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The Petition is disposed of in the above terms. 5.

All concerned to act on authenticated copy of this order. (MADHAV JAMDAR,J.) (A.A.SAYED, J.) 3/3