Bombay High Court
Xyz vs The Dean Of B J Government Medical ... on 1 November, 2021
Author: Surendra P. Tavade
Bench: S.J. Kathawalla, Surendra P. Tavade
Digitally signed by
SWAROOP SWAROOP
SHARAD SHARAD PHADKE
Date: 2021.11.01 1 wp 7331 of 2021.doc
PHADKE 19:57:11 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7331 OF 2021
XYZ ... Petitioner
Versus
The Dean of B.J.Government Medical
College and Sassoon Hospital and Ors. ... Respondents
Mr. Aniket Aghade with Mr. Bharat Gadhavi i/by Tejesh Dande and Associates, for
Petitioner.
Mr. G. Hariharan i/by Mr. A.A.Ansari, for Respondent No.2.
Mr. B.V.Samant, AGP, for State.
CORAM: S.J. KATHAWALLA &
SURENDRA P. TAVADE, JJ.
DATE : 1st NOVEMBER, 2021
( VACATION COURT )
P.C. :
1. The Petitioner is a 23 years od married lady and is approximately 24 weeks pregnant. Her ultra sonography was carried out by Dr. Sagar Salunkhe at Salunkhe Diagnostic Center, Koregaon, Satara on 5 th October, 2021. The findings of Dr. Salunkhe were as under : :
"Single live intrauerine foetus in changing presentation of average sonographic gestational age of 22 wks. Gestational age assigned as per CRL scan dated 05.07.2021. Fetal left kidney is enlarged in sixe and shows multiple non communicating thin walled cysts with mildly increased parenchymal echogenicaity --- Multicystic dysplastic kidney. Fetal right kidney appears normal. Urinary bladder is partially distended. Subtle changes of Micrognathia are seen (prominent upper lip and receding chin).SSP 1/5
1 wp 7331 of 2021.doc Umbilical card shows single umbilical artery. A small echogenic intracardiac focus is seen ---- these are soft markers for aneup,loidy----suggest Triple / Quadruple marker test."
2. The Petitioner therefore filed the above Writ Petition on 26 th October, 2021 seeking the following reliefs :
"(a) Notice be issued to the Respondents and the Respondent No.1 be directed to examine the Petitioner and file a report as to whether Termination of Pregnancy is possible and when can that be scheduled at the earliest;
(b) After considering the report submitted by such constituted Committee of Experts by the Respondent No.1, this Hon'ble Court may kindly be pleased to allow the Petitioner to terminate her pregnancy of 24 weeks. This Hon'ble Court may issue consequential and necessary directions to the Respondent No.1 to perform Medical Termination of Pregnancy of the Petitioner;"
3. On 28th October, 2021 the Division Bench of this Court (Coram :
A.A.Sayed & S.G.Dige, JJ.) passed the following order :
"The Petitioner is stated to be in her 24 th week of pregnancy. It is the case of the Petitioner that pursuant to medical tests conducted, it was found that there is anomaly in the fetus and she has been advised to terminate the pregnancy. The Petitioner therefore, seeks termination of pregnancy.
2. By way of interim measure, we direct the Medical Board of the B.J.Government Medical College and Sassoon Hospital, Pune to examine the Petitioner and submit a Report on permitting medical termination of pregnancy of the Petitioner.
3. Let such Report be submitted by 29th October, 2021, 4.30 p.m.
4. The Petitioner shall present herself before the Dean of B.J.Government Medical College and Sassoon Hospital, Pune between today afternoon and SSP 2/5 1 wp 7331 of 2021.doc 9.00 a.m. tomorrow i.e. 29th October, 2021 along with copy of this order.
5. List on 29th October, 2021 at 4.30 p.m.
6. All concerned to act on an authenticated copy of this order."
4. Since the report from the B.J.Government Medical College and Sassoon Hospital, was not ready on 29th October, 2021, the matter is today placed before us.
5. Today, the learned AGP has tendered the report dated 1 st November, 2021 submitted by the said Hospital. The same is taken on record and marked 'X' for identification. We have perused the said report. The Petitioner was examined on 29 th October, 2021 by the following team of Doctors :
Sr. No. Name of Doctor Designation Specialization 1 Dr. Shilpa Naik Associate Prof & Obst & Gyn.
Head of Department 2 Dr. Tejaswini Kale Associate Professor Obst & Gyn.
3 Dr. Rohidas T. Borse Prof & Head of Medicine Department 4 Dr. Shefali Pwaar Prof & Head of Radiology Department 5 Dr. Rupesh Sikchi Associate Professor Pediatric Surgery 6 Dr. Chhaya Valvi Associate Professor Pediatrics 7 Dr. Nitin Abhivant Associate Professor Psychiatry
6. The observation as well as the recommendation of the aforesaid team of Doctors is as under :
"On clinical and ultrasonographic examination mother has pregnancy of 23 SSP 3/5 1 wp 7331 of 2021.doc weeks four days =/- 2 wks. The fetus has a congential abnormality in the form of multicystic dysplastic kidney on left side. There is evidence of single umbilical artery and an echogenic focus in the intracardiac region. The fetus may be associated with additional renal tract abnormalities and syndromic association and the prognosis of the fetus is guarded. Thus medical termination of pregnancy may be recommended with kind permission of Hon'ble High Court."
7. It is also stated in the report that the Petitioner is physically fit for termination of pregnancy and the method recommended for the Termination of the Petitioner's pregnancy is 'medical method' and if required the 'surgical method'.
8. In view of the above, we pass the following order :
(i) The Petitioner is permitted to go ahead with the medical termination of the pregnancy of the fetus as per the Medical Board's opinion dated 1 st November, 2021.
(ii) The B.J.Government Medical College and Sassoon Hospital, Pune shall carry out the procedure of medical termination of pregnancy of the Petitioner on 3rd November, 2021
(iii) In case the child born out of this procedure is alive, the Medical Practitioner conducting the procedure shall ensure that all necessary facilities are made available to such child for saving its life.
(iv) In case the child born is alive, and the Petitioner is not willing to or not in a position to take responsibility of such child, the State and its agencies will SSP 4/5 1 wp 7331 of 2021.doc have to assume full responsibility of such child.
(v) The Writ Petition is accordingly disposed of. ( SURENDRA P. TAVADE, J. ) ( S.J.KATHAWALLA, J. ) SSP 5/5