Xyz v. The State Of Maharashtra Throu. Principal Secretary Public Health Dept

sns 501-wp-11057-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11057 OF 2024 Mrs. XYZ, Mumbai

...Petitioner

Vs.

The State of Maharashtra Through The Principal Secretary Public Health Department, Mantralaya, Mumbai-23 ..Respondent Ms. Shilpa Pawar, for the Petitioner.

Ms. M.P. Thakur , AGP, for Respondent -State.

CORAM:

A. S. GADKARI AND DR NEELA GOKHALE, JJ.

DATED:

05th AUGUST, 2024.

P.C.

1) The Petitioner is a minor. She is in her 26th week of pregnancy and is a victim of child abuse. There is a FIR filed against the accused in the said crime. The Petitioner is presently admitted in KEM Hospital, Mumbai. 2) Having regard to these circumstances, we request the Authorities of J. J. Group of Hospitals and Grant Medical College, Mumbai to constitute a Medical Board in terms of the Medical Termination of Pregnancy (Amendment) Act, 2021 (MTP Act) as prescribed by Section 3(2D) of the Act, to examine the Petitioner. 3) The Petitioner will present herself before the Dean of the 1/2

sns 501-wp-11057-2024.doc Hospital on 6th August 2024 at 11.00 am. We request the Board to submit the copy of report to this Court at the earliest considering the urgency and latest by 8th August 2024. The Board is required to certify whether the Petitioner is fit to undergo the procedure. We would request that, clinical psychologist be appointed in the Medical Board to evaluate the Petitioner's mental health.

4) All concerned parties will act on the production of the authenticated copy of this order.

5) List the Petition on 8th August 2024 at 2:30 pm for further directions.

(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2024.08.05 20:28:45 +0530 SHAMBHAVI NILESH SHIVGAN 2/2