Supreme Court - Daily Orders
Suchita Swapnil Latkar vs Union Of India on 8 September, 2017
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
Diary No.27266/2017
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ITEM NO.60 COURT NO.1 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (Civil) No.855 of 2017
SUCHITA SWAPNIL LATKAR Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
Date : 08-09-2017 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
For Petitioner(s) Mr. Colin Gonsalves, Sr. Adv.
Ms. Olivia Bang, Adv.
Mr. Satya Mitra, AOR
For Respondent(s) Mr. Nishant Ramakantrao Katneshwarkar, Adv.
Ms. Deepa Kulkarni, Adv.
Ms. Suvarna Gane, Adv.
UPON hearing the counsel the Court made the following
O R D E R
In this writ petition preferred under Article 32 of the Constitution of India, the petitioner has prayed for the following reliefs:-
“For a writ of mandamus or any other writ, order, directing the respondents to allow the petitioner to undergo Medical Termination of Signature Not Verified the Pregnancy;Digitally signed by
For a writ of declaration or any other CHETAN KUMAR Date: 2017.09.08 18:36:00 IST Reason:
appropriate writ, order or direction quashing section 3(2)(b) of The Medical Termination of Pregnancy Act, 1971 to the limited extent that it stipulates a ceiling of 20 weeks for an Diary No.27266/2017 2 abortion to be done under section 3, as ultra vires Article 14 and 21 of the Constitution of India;
For a writ of declaration or any other appropriate writ, order or direction quashing section 5(1) of the Act to the limited extent that it restricts abortions under section 5 to a restricted field where it is immediately necessary to save the life of the pregnant woman;
For a writ of declaration to the effect that the expression “save the life of the pregnant woman” in Section 5 of the MTP Act includes “the protection of the mental and physical health of the pregnant woman” and also incorporates situations where serious abnormalities in the foetus are detected after the 20th week of pregnancy;
For a writ of declaration that the rational ceiling for abortions being done under section 3 of the Act is 24 weeks and even later in view of the material placed on record by the petitioners;
For a writ of mandamus or any other writ, order, directing respondent No.1 to produce the report of MTP Committee which included the Health Secretary, Mr. Naresh Dayal, former Director-General of the Indian Council of Medical Research and Dr. N.K. Ganguly as its members as stated in para 9 of the petition.
For a writ of mandamus or any other writ, order directing the respondent No.1 to provide necessary directions to hospitals all across India for setting up expert panel of doctors to assess the pregnancy and offer MTP to the petitioner and other women in need of the procedure beyond the prescribed 20 weeks limit.” When this matter was taken up on 4th September, 2017, the following order was passed:-
“Let a copy of this petition be served on Mr. Nishant Ramakantrao Katneshwarkar, learned Standing Counsel for the State of Maharashtra.Diary No.27266/2017 3
Having heard Ms. Sneha Mukharjee, learned counsel for the petitioner and upon perusal of the averments made in the writ petition, we think it appropriate that the petitioner should be examined by the Medical Board of J.J. Hospital at Mumbai. The petitioner shall appear before the Medical Board on 6th September, 2017, and as assured by Mr. Katneshwarkar, the Board shall examine her immediately. A report in that regard be filed in sealed cover before this Court on 8th September, 2017.
List the matter on 8th September, 2017.” In pursuance of the said order, the petitioner has been examined by the Medical Board of J.J. Hospital at Mumbai. The opinion of the Board/Committee reads as follows:-
“Upon examination & study of reports and going through the opinions of various doctors including opinion of Dr. Devi Shetty, we confirm that the intrauterin fetus has a severe anomaly – The left side of heart is hypoplastic.
The presence of co-existing anomalies indicate a very high possibility of a chromosomal disorder called Trisomy. This genetic condition further increases morbidity & mortality after birth. Thus we agree that the condition of the fetus fulfills criteria of “Substantial risk of serious physical handicap” in the fetus.
The pregnant woman voluntarily expressed her desire to terminate the pregnancy and is well informed about the nature of the condition of the fetus and its outcome.
The woman's pregnancy is advanced well beyond 20 week cut off & hence Honorable Supreme Court can only decide on termination of pregnancy.
The risk of induced delivery remains same as natural delivery at this stage.Diary No.27266/2017 4
Considering the poor prognosis of baby, continuation of pregnancy will not bring any benefit to either mother or fetus. It will certainly cause mental & physical anguish to the mother.
Thus if Hon'ble Court permits the abortion as desired by patient the pregnancy can be terminated.” Having heard Mr. Colin Gonsalves, learned senior counsel for the petitioner and Mr. Nishant Ramakantrao Katneshwarkar, learned Standing Counsel for the State of Maharashtra and upon perusal of the opinion of the Committee, we direct that the petitioner shall report at the J.J. Hospital on 9th September, 2017 at 11.30 a.m. We permit the hospital to take all necessary steps for medical termination of pregnancy. We record that the petitioner has desired that the pregnancy be medically terminated. We have acceded to the prayer of the petitioner on the basis of the expert medical opinion referred to above. Mr. Katneshwarkar, learned counsel for the State undertakes to inform the competent authority of the J.J. Hospital at Mumbai about the order passed today so that they can do the needful in the matter.
With the aforesaid direction, the writ petition stands disposed of. There shall be no order as to costs.
(Chetan Kumar) (Shakti Parkash Sharma) Court Master Assistant Registrar