Bombay High CourtWP/12147/2024disposed off

Xyz v. The State Of Maharashtra Thro. The Principal Secretay

2024-08-28Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

Gitalaxmi 16-wp-12147-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 12147 OF 2024 Miss "XYZ"

.....Petitioner Vs.

The State of Maharashtra Through the Principal Secretary, Public Health Department, Mantralaya, Mumbai-400 023.

.....Respondent Ms. Snehal Chaudhari through Legal-aid for the Petitioner. Mrs. M. P. Thakur, A.G.P. for the Respondent-State. CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ.

DATE : 28th AUGUST 2024.

P.C.:- 1) The Petitioner, a minor of 17 years of age, is in the 26th week of pregnancy, being a victim of child abuse. There is a F.I.R. filed against the accused in the said crime. She seeks permission for medical termination of the pregnancy.

2) The Petitioner is presently admitted in Brihanmumbai Municipal Corporation, King Edward Memorial Hospital, Parel, Mumbai. 3) Having regard to these circumstances, we request the Authorities of J.J. Group of Hospitals and Grant Medical College, Mumbai 1/2

Gitalaxmi 16-wp-12147-2024.doc to constitute a Medical Board in terms of the Medical Termination of Pregnancy (Amendment) Act, 2021 (M.T.P. Act) as prescribed by Section 3(2-D) of the Act, to examine the Petitioner. 4) The Petitioner will present herself before the Medical Superintendent of the J.J. Hospital on 29th 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 2nd September 2024. The Board is required to certify whether the Petitioner is fit to undergo the procedure. We would request that a clinical psychologist be appointed in the Medical Board to evaluate the Petitioner's mental health. 5) All concerned parties will act on the production of the authenticated copy of this Order.

6) List the Petition on 2nd September 2024 as the first matter on board for further directions.

(DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2024.08.28 17:28:09 +0530 2/2