Court permitted termination of pregnancy at 24 weeks due to severe fetal malformation posing non-survival risk, directing supervised procedure at Sassoon Hospital with doctor immunity.
Termination of pregnancy permitted within three days at Sassoon Hospital, Pune, under medical board supervision with doctor immunity granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 14-wp-3082.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3082 OF 2018
Rupali Rajkiran Chinde … Petitioner Versus Union of India and others … Respondents
Ms. Meenal Kakalia a/w M/s Kranti L.C. for Petitioner. Mr. D.A. Dubey and Pramil Sonawane for Respondent No.1. Mr. C.P. Yadav AGP for Respondent No.2.
CORAM : SHANTANU S. KEMKAR AND M. S. KARNIK, JJ. DATE : 19th MARCH, 2018
P. C.:
Court by filing the present writ petition under Article 226 of the Constitution of India, seeking directions to the first respondent to produce report of the medical board/committee as may be constituted by this Court for her medical examination and for submitting its medical report as to whether the petitioner can be allowed to get the pregnancy terminated. The petitioner claims that the pregnancy has gone 25 weeks which is beyond the ceiling
of 20 weeks.
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Shridhar Sutar
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B.J. Government Medical College/Hospital (Sassoon Hospital), Pune. The Committee as constituted was consisting of Head of the Department (Gynaecology), Head of the Department (Nurology), Professor and Head of Department of Paediatric Cardiac Surgeon, Professor and Head of Department of Radiology and Psychology. We had also directed that any other expert may also be included in the said committee.
“ Report of the committee-
The committee examined the woman [Mrs Rupali Chinde] on 13/03/18 and necessary investigations were done. Ultrasonography and fetal MRI were suggestive of Chiari type II Malformation with colpocephaly [corpus callosum agenesis].
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The pregnancy is 24 weeks as on today. The committee after discussion and studying similar case reports thinks that the baby will have severe morbidities and may not survive. In this condition it may be advised to terminate the pregnancy with kind permission of Hon High Court.
The risks of termination of pregnancy including the need for caesarean section if induction fails have been explained to the couple. ”
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performed on the petitioner at the time of termination of the pregnancy.
( M. S. KARNIK, J.) ( SHANTANU S. KEMKAR, J. )
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2 issues framed by the court
Whether the Court can direct the termination of a pregnancy exceeding 20 weeks where medical committee reports severe fetal non-survival.
Whether a medical committee can be constituted to supervise the termination procedure and grant immunity to doctors.
1 provisions across 1 enactments
Rupali Rajkiran Chinde
Union of India
Shantanu S. Kemkar
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
