Punjab-Haryana High Court
Sapna Devi vs State Of Haryana And Another on 28 October, 2021
Author: Raj Mohan Singh
Bench: Raj Mohan Singh
CWP NO.21485 of 2021(O&M) 1
222
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.21485 of 2021(O&M)
Date of Decision: 28.10.2021
Sapna Devi ......Petitioner
Vs
State of Haryana and another .....Respondents
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Ms. Hema Sharma, Advocate
for the petitioner.
Mr. Narender Singh Behga, AAG, Haryana.
Dr. Jyoti Kaushal, Advocate
for respondent No.2.
****
RAJ MOHAN SINGH, J.(Oral)
The case has been taken up for hearing through video conferencing.
Petitioner has preferred this petition for issuance of an appropriate writ, order or direction especially in the nature of mandamus directing respondent No.2 to medically examined the petitioner through its Permanent Medical Board in order to confirm and assess status of serious congenital defect of Chiari Malformation Type-II in the fetus of the petitioner, which may endanger the survival of the fetus at a later stage. It may also adversely affect normalcy of the child and may also cast evil effect on the health of the mother.
1 of 6 ::: Downloaded on - 29-10-2021 02:03:52 ::: CWP NO.21485 of 2021(O&M) 2 Learned counsel for the petitioner submits that the petitioner is having pregnancy of about 23 weeks and needs to be subjected to MTP on urgent basis.
On 21.10.2021, following order was passed:-
"Prayer in this petition is for issuance of a writ in the nature of Mandamus directing respondent No. 2- PGIMER, Chandigarh to medically examine the petitioner through its Permanent Medical Board in confirming and/or assessing the status of the serious congenital defect of Chiari Malformation Type II in the fetus of the petitioner and thereafter terminate her pregnancy.
Learned counsel for the petitioner submits that at present, the fetus is of 22 weeks and the same needs to be medically terminated urgenlty.
Notice of motion.
Dr. Jyoti Kaushal, Advocate, who is also appearing through video conferencing, accepts notice on behalf of respondent No. 2-PGIMER, Chandigarh and submits that a Medical Board has already been constituted for examination of requests seeking medical termination of pregnancy and in case the petitioner appears before the said Board, she will be duly examined.
In view of the same, the petitioner is directed to appear before the Medical Superintendent, PGIMER, Chandigarh on 23.10.2021 at 10.00 AM and the Medical Superintendent will ensure that the Medical Board, after examination of the petitioner, gives its assessment report regarding medical termination of
2 of 6 ::: Downloaded on - 29-10-2021 02:03:52 ::: CWP NO.21485 of 2021(O&M) 3 pregnancy of petitioner in a sealed cover, which will be placed before this Court on the next date of hearing.
List again on 26.10.2021."
In compliance of aforesaid order, the petitioner has been examined by Permanent Medical Board of PGIMER. Today the report of Medical Board has been received in the sealed cover. The report has been opened and is marked as Mark A-1. The same be tagged at an appropriate place with the petition.
According to the aforesaid report, following observations have been made by the Permanent Medical Board:
"1. The petitioner is a 30 yrs old third gravida with previous two abortions. As per the ultrasound done on 25/10/2021, the period of gestation is 23 weeks+ 2 days with single live intrauterine pregnancy weighing 573+24 gms with small prominent posterior fossa and crowding of structures at foramen magnum with banana shaped carebellum.
These are features suggestive of Arnold Chiari malformation (in this the brain tissue extends into the spinal canal). Open spinal dysraphism (is a condition in which a baby's spine and spinal cord do not form properly) is seen at lumbosacral location with spinal curvature abnormality.
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2. The petitioner is mentally stressed due to carrying a pregnancy wherein the fetus is affected with congenital malformation and does not wish to continue this pregnancy.
3. The petitioner has been examined and found to be medically fit. She was treated for pulmonary tuberculosis from Feb to June 2021.
4. The Permanent Medical Board recommends that this petitioner may undergo medical termination of pregnancy at this stage due to Arnold Chiari malformation which is a cogenital malformation of the fetal brain alongwith open spinal dysraphism which has poor fetal outcome and not compatible with normal life. We also wish to bring to the knowledge of the Hon'ble High Court that the medical termination of pregnancy at an advanced gestation of 23 weeks + 2 days carries more than the usual risks which have been explained to the petitioner.
5. The board also advises ultra sound guided injection of Potassium Chrolide (KCI) into the fetal heart prior to abortion. This is as per the Royal college of Obstetricians & Gynaecologists (RCOG) guidelines (Termination of pregnancy for fetal abnormality, 2010), when medical abortion is performed after 23 weeks + 2 days of gestation for fetal abnormalities, ultrasound guided injection of Potassium Chloride into the fetal heart is advised prior to abortion to prevent a live birth.
Hence, the board advises MTP in this case with the advise to be followed as listed above. The board also advises that the doctors carrying out the MTP perform fetal autopsy and generic tests from the fetal DNA, to guide the patient in her future pregnancies." According to the observations of the Board, the 4 of 6 ::: Downloaded on - 29-10-2021 02:03:52 ::: CWP NO.21485 of 2021(O&M) 5 petitioner is having history of previous abortions. As per ultrasound done on 25.10.2021, abnormality has been detected i.e. period of gestation with single live intrauterine pregnancy weighing 573+24 gms with small prominent posterior fossa and crowding of structures of foramen magnum with banana shaped carebellum. These are features suggestive of Arnold Chiari Malformation. Open spinal dysraphism is seen at lumbosacral location with spinal curvature abnormality. Board has opined that Arnold Chiari Malformation is a congenital malformation of the fetal brain along with open spinal dysraphism. Doctor has advised MTP.
Learned counsel for the petitioner submits that the petitioner is ready for undergoing MTP at the earliest point of time as may given by the PGIMER Authorities.
Petitioner is having pregnancy of more than 23 weeks. Now in view of report of the Medical Board, petitioner intends to appear before the respondent i.e. Medical Superintendent, PGIMER, Chandigarh on 29.10.2021 at 12.00 noon, and is ready to fulfill all the necessary formalities for undergoing the MTP.
In view of above, petitioner is permitted to appear before the respondent i.e. Medical Superintendent, PGIMER, Chandigarh on 29.10.2021 at 12.00 noon. On completion of all 5 of 6 ::: Downloaded on - 29-10-2021 02:03:52 ::: CWP NO.21485 of 2021(O&M) 6 the necessary formalities, the respondent/PGIMER, Chandigarh shall undertake the necessary medical procedure.
Petitioner would be at liberty to espouse her financial status before the respondent/PGIMER, Chandigarh. In case, the plea of the petitioner is found to be in accordance with the prevalent schemes, the same shall be considered in accordance with the rules.
With this observation, this petition is disposed of.
(RAJ MOHAN SINGH)
October 28, 2021 JUDGE
Prince
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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