Bombay High Court
Vinita Vikas Tandale vs The State Of Mahrashtra And Others on 23 October, 2020
Bench: S. V. Gangapurwala, Shrikant D. Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7164 OF 2020
Vinita Vikas Tandale ... Petitioner
Versus
The State of Maharashtra and others ... Respondents
Mr Anil M. Gaikwad, Advocate for the petitioner
Mr S. R. Yadav-Lonikar, A.G.P. for respondents State
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE : 23rd October, 2020
ORDER:
1. The petitioner seeks permission to terminate the pregnancy. The petitioner was referred to the expert committee at Swami Ramanand Teerth Rural Government Hospital, Ambagogai. The expert Committee has submitted the report. Relevant part of the report reads thus:
"10. Review of available reports and investigations by:
Sr No. Report reviewed Opinion on the findings Obstetrics USG report date Ob stetrics USG report 21+5 13.10.2020 by Dr. Shlok J. weeks, single live intrauerine Lolge, MD Radiology and pregnancy with SITUS International Sonologist at Dr. AMBIGUOUS WITH RIGHT Shlok's Dignostic Centre DIAPHRAGMATIC HERNIA Vashi, Navi Mumbai. CAUSING MARKED DISPLACEMENT OF HEART OF LEFT AND COMPRESSION OF LUNGS WITH SINGLE UMBLICAL ARTERY, ECHOGENIC INTRACARDIAC FOCUS IN LEFT VENTRICLE with baby weight 442 gm.
11. Examination of Girl/woman done by (name of Doctor, specialization and designation)-Page 1 of 3 ::: Uploaded on - 23/10/2020 ::: Downloaded on - 24/10/2020 07:01:15 :::
wp7164-20 Dr. Ganesh Tondage, Gynecologist Associate Professor OBGY, SRTRGMC, Ambajogai.
12. Counselling done by name and designation: Dr. Ganesh Tondage, Gynecolgist, Associate Professor, OBGY, SRTRGMC, Ambajogai.
13. Investigation done.
Sr. No. Investigations done Key Findings.
Obstetrics USG report date Obstetrics USG report 22+1 22.10.2020 by Dr. Ganesh weeks, single live intrauterine Tondage, Associate Professor, fetus with s/o congenital right OBGY, SRTRGMC, Ambajogai diaphragmatic hernia with echogenic focus in left ventricle with single umblical artery weighing 485 gms.
14. Additional findings and observations:
Record additional findings and observations here if any ( also include any risk to the health of girl/woman in case of continuation of pregnancy as well as termination).
No Complaint g.C., Moderate, A febrile, PR-90/min, BP110/80 mmgh, Pallor+, No oedema/Icterus P/a-PH22 wks, uterus Relax, PV-OS Closed Uneffaced, HB-9/4 gm%
15. Physical fitness for termination-
a. Yes
16. Recommendation by medical Board for termination (choose one and provide any additional recommendations of the panel in the box below, if any) a. Recommended ( if yes please mention the methods) - surgical method- hysterotomy.
Key Recommendations of the panel if any with justification-
1. Continuation of pregnancy involves risk to life of pregnant women or grave injury to her mental health.
2. There is substantial risk that if child were born, it would suffer from physical or mental abnormality as to be seriously handicapped.
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3. She may have risk of various complications, if pregnancy is terminated at this stage.
a. Haemorrhage b. Failure of Abortion c. Sepsis (infection) d. Maternal death e. Need of blood transfusion
4. The Committee has explained the risk involve din said procedure to the patient and here relatives.
The said anomaly is a major congenital anomaly and associated with multiple soft tissue markers of chromosomal anomalies. Hence, the said anomaly is not compatible with life. Hence, this committee recommends termination of pregnancy. "
2. The Expert committee has recommended termination of pregnancy. It is opined that anomaly is a major congenital anomaly and the anomaly is not compatible with life. Risk involved is explained to the petitioner and her relatives. Mr. Gaikwad, the learned counsel for the petitioner submits that the petitioner wants to proceed further with the termination of pregnancy.
3. In light of above, the petitioner is permitted to terminate the pregnancy at any government recognized clinic.
4. Writ petition is disposed of.
(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.) JPC Page 3 of 3 ::: Uploaded on - 23/10/2020 ::: Downloaded on - 24/10/2020 07:01:15 :::