Xyz And ANR v. Union Of India Thr The Ministry Of Health And Family Welfareand ORS

Sayyed 901-WP.6091.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6091 OF 2024 XYZ & Anr.

..Petitioners Vs.

The Union of India, Through the Ministry of Health and Family Welfare & Anr.

..Respondents __________ Ms. Meenaz Kakalia for the Petitioners.

Dr. Birendra B. Saraf, Advocate General a/w. Ms. P. P. Kakade, G. P., Ms. M. P. Thakur, AGP for Respondent No.2-State.

__________ CORAM :

A. S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE :

23rd APRIL 2024.

P.C.:

1.

We have heard the learned counsel for the Petitioners as well as the learned Advocate General for Respondent No.2 who has appeared at our request.

2.

Our attention is invited to the report of the Medical Board, wherein opinion has been expressed permitting termination of Petitioner's pregnancy beyond twenty four weeks. The learned counsel for the Petitioners by referring to the Guidance Note for Medical Boards for Termination of Pregnancy beyond twenty weeks submits that the issue with regard to selected foetal reduction may be considered by the Medical Board since an apprehension has been expressed that the foetus

Sayyed 901-WP.6091.2024.doc could be delivered alive and the concerned Doctors would be bound by the opinion of the Medical Board. The Petitioner No.2 shall have a meeting with the Members of the Medical Board by 24th April 2024 to enable the Medical Board to give its opinion in this regard preferably by 10:00 a.m. on 25th April 2024.

3.

List the writ petition on 25th April 2024 "High on board". 4.

Parties to act on the authenticated copy of this order. (JITENDRA JAIN, J.) (A. S. CHANDURKAR, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 23/04/2024 15:36:32