Bombay High Court
Asmita Jagat Jyoti Chakma vs The State Of Maharashtra And Another on 5 July, 2021
Bench: S.V. Gangapurwala, R.N. Laddha
WP No. 7179/2021
1
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
74 WRIT PETITION NO.7179 OF 2021
ASMITA JAGAT JYOTI CHAKMA
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioner : Mr. J.S. Aute
AGP for Respondents State : Mr. P.G. Borade
...
CORAM : S.V. GANGAPURWALA &
R.N. LADDHA, JJ.
DATED : 05/07/2021.
ORDER :
. The petitioner seeks permission to terminate the pregnancy.
2. The petitioner was referred to the Expert Committee at Government Medical College and Hospital, Aurangabad. The Expert Committee examined the petitioner and submitted the report. Relevant part of the report reads thus :-
"13. Investigation done :-
Sr. Investigations
No. done
01 CBC, URINE Hb :- 11.5gm%, Urine RM-Normal
ROUTINE
02. USG Single live intrauterine gestation of
20 weeks 3 days with no congenital
anomalies.
14. Additional fndings and observations : N.A. ::: Uploaded on - 05/07/2021 ::: Downloaded on - 06/07/2021 07:00:31 ::: WP No. 7179/2021 2
15. Physical ftness for termination - YES.
16. Recommendations by Medical Board for termination : Recommended.
17. Recommended Medical termination of pregnancy, because pregnant woman is unmarried, continuation of pregnancy will afect her mental condition. Termination of pregnancy carries due maternal risk. Surgical intervention & blood transfusion may be required. The risk involved in the said procedure is explained to the patient & her boyfriend. Also during process of termination of pregnancy, a female attendant is required with pregnant woman.
18. Date and time : 03/07/2021 at 2.00 PM"
3. The Expert Committee has opined that the petitioner is unmarried and continuation of pregnancy will afect her mental condition. It is also opined that surgical intervention and blood transfusion may be required and termination of pregnancy carries due maternal risk. The risk involved in the said procedure is explained to the petitioner and her boyfriend. The petitioner and her boy friend are not in a position to maintain the child. The boy is less than 21 years of age.
4. The learned advocate for the petitioner submits that the petitioner has been informed of the risk involved in the ::: Uploaded on - 05/07/2021 ::: Downloaded on - 06/07/2021 07:00:31 ::: WP No. 7179/2021 3 termination of pregnancy and the petitioner wants to proceed further with the termination of pregnancy.
5. In the light of the report of the Expert Committee, the petitioner is permitted to terminate the pregnancy at the Government Recognized Centre. The petitioner shall keep a female attendant present during the process of the termination of the pregnancy. The Centre where the petitioner would terminate the pregnancy shall not allow termination of pregnancy without the female attendant along with the petitioner.
6. Writ petition is disposed of. No costs. [ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.] ssc/ ::: Uploaded on - 05/07/2021 ::: Downloaded on - 06/07/2021 07:00:31 :::