Abc v. State Of Maharashtra Through G.P And ORS

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2025.02.17 16:31:25 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2366 OF 2025 ABC ... Petitioner

Versus

The State of Maharashtra & Ors.

... Respondents Mr. Ashley Crusher a/w Ms. Pooja Phagnekar for the Petitioner Mrs. M. P. Thakur, A.G.P for the Respondents-State The Petitioner is present.

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

(IN CHAMBERS) MONDAY, 17 th FEBRUARY 2025 P.C :

Not on Board. Taken on Board.

Considering what is stated in the petition, the matter was heard in Chambers. The petitioner aged 18 years, seeks termination of her pregnancy, which is 27 weeks 2 days. The pregnancy is alleged to have resulted from an incident of sexual 1/3

assault. Upon being questioned in Chambers, the petitioner confirmed that she wishes to terminate her pregnancy. Accordingly, considering the urgency of the matter, we direct the J.J. Group of Hospitals and Grant Medical College (`JJ Hospital'), Mumbai, to forthwith constitute a Medical Board, in terms of the Medical Termination of Pregnancy (Amendment) Act, 2021 r/w the Medical Termination of Pregnancy Act, 1971, and to examine the petitioner and submit a report to this Court.

Considering the financial condition of the petitioner, we request the JJ Hospital authorities to admit the petitioner to the hospital today itself, till such time, appropriate orders are passed by this Court, after receipt of the report of the Medical Board.

The petitioner shall be produced before the Medical Board, tomorrow i.e. 18th February 2025, so as to enable the 2/3

Medical Board to conduct the necessary examination and submit its report accordingly.

Learned A.G.P assures that the order passed today shall be immediately communicated to the hospital authorities to facilitate the urgent constitution of the Medical Board, considering the advanced stage of pregnancy.

The Medical Board, after examining the petitioner, shall submit its report to this Court on 20th February 2025. Stand over to 20th February 2025. To be listed at 2:30 p.m.

All concerned to act on the authenticated copy of this order.

DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J. 3/3