Punjab-Haryana High Court
Ritu vs State Of Punjab And Others on 26 August, 2021
Author: Rajbir Sehrawat
Bench: Rajbir Sehrawat
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
202
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IN VIRTUAL COURT
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CWP No. 16140 of 2021
Date of decision : 26.8.2021
Ritu ......Petitioner
Vs.
State of Punjab and others ......Respondents
Coram: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
Present : Mr. Pranav Chamoli, Advocate, for the petitioner
Ms. Anju Arora, Addl. AG, Punjab
Mr. S.S. Kanwal, Advocate, for respondent No.3
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Rajbir Sehrawat, J. (Oral)
This petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of mandamus, directing respondent No. 3 to medically examine the petitioner through its Permanent Medical Board for confirming and/or assessing the status of substantial fetal abnormality of the petitioner, that is not only endangering to the survival of the fetus, but, would also be adverse to the neuro development of the child, if born, and thereafter, permit medical termination of her pregnancy, which is about 21 weeks and 2 days old.
Vide order dated 20.8.2021, this Court had requested the Permanent Medical Board, PGIMER, Chandigarh to carry out the medical examination of the petitioner with following request :-
"Let the petitioner be examined by the Permanent Medical Board constituted at PGIMER, Chandigarh. The Board is requested to furnish its opinion qua the development and problem of the fetus 1 of 3 ::: Downloaded on - 27-08-2021 01:52:35 ::: CWP No. 15558 of 2021 -2- and also qua desirability of the termination of the pregnancy; within three days."
Pursuant to the above said order, the report has been received from the PGI, which has categorically recommended the medical termination of the pregnancy in view of the conditions of the fetus. The report, prominently reads as under :-
"The petitioner is a 26 years old primigravida. As per the USG done on 21.08.2021 the period of gestation is 21 weeks+ 6 days with single live intrauterine pregnancy. There are multiple congenital anomalies of fetus with Chiari -II Malformation (Lumbosacral meningomyelocele. Spinal dysgenesis, bilateral ventriculomegaly, and lemon skull effaced cysterna magna), bilateral congenital talipes equinovarus and polyhydramnios.
2. The patient is mentally stressed as she does not want to continue the pregnancy with an abnormal fetus who is not likely to have a normal outcome.
3. The patient has been examined and found to be medically fit.
4. As per the Royal college of Obstetricians & Gynaecologists (RCOG) guidelines (Termination of pregnancy for foetal abnormality. 2010), in cases where medical abortion is being performed after 21 weeks + 6 days of gestation for foetal abnormalities. to prevent a live birth. ultrasound guided injection of Potassium Chloride in the foetal heart is advised prior to abortion.
5. Keeping in view the above, the Permanent Medical Board recommends that this patient may undergo medical termination of pregnancy at this stage due to single live intiauterine pregnancy with multiple congenital anomalies of brain, spine and feet. The board advises genetic tests from foetal sample to identify the genetic cause which may be useful in Subsequent pregnancy. We also wish to bring to the knowledge of the Hon'ble High Court that medical termination of pregnancy at an advanced gestation of 21 weeks + 6 days carries more than the usual risks which have been explained to patient. In view of the above, the present petition is allowed. The 2 of 3 ::: Downloaded on - 27-08-2021 01:52:36 ::: CWP No. 15558 of 2021 -3- petitioner is permitted to get the pregnancy terminated. The PGIMER, Chandigarh may proceed further for Medical Termination of Pregnancy by adopting all the safety measures and procedural protocol, as recommended by the Medical Board.
Let the necessary procedure be carried out at the earliest possible so as to avoid any further complications and danger to the life of the petitioner.
(RAJBIR SEHRAWAT)
JUDGE
26.8.2021
Ashwani
Speaking/Reasoned : Yes/No
Reportable : Yes/No
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