Allowed

Asmita Jagat Jyoti Chakma v. the State of Maharashtra and Another

Bombay HC5 Jul 2021WP/7179/2021

Case brief

AI extract

What is this about?

Writ petition seeking permission to terminate pregnancy. Expert Committee opined continuation would affect petitioner's mental health due to unmarried status and inability to maintain child. Court permitted termination at a recognized government center with conditions.

What did the court decide?

Permission to terminate pregnancy at a Government Recognized Centre with a female attendant present during the process.

Asmita Jagat Jyoti Chakma Vs the State of… — Pension and Retirement Benefits | Bombay HC (2021)

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WP No. 7179/2021

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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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74 WRIT PETITION NO.7179 OF 2021

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ASMITA JAGAT JYOTI CHAKMA VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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Advocate for Petitioner : Mr. J.S. Aute AGP for Respondents State : Mr. P.G. Borade

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CORAM : S.V. GANGAPURWALA & R.N. LADDHA, JJ. DATED : 05/07/2021.

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ORDER :

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. The petitioner seeks permission to terminate the

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pregnancy.

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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 :-

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“13. Investigation done :-

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Sr.	Investigations
No.	done
01	CBC, URINE ROUTINE	Hb :- 11.5gm%, Urine RM-Normal
02.	USG	Single live intrauterine gestation of 20 weeks 3 days with no congenital anomalies.

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Additional fndings and observations : N.A.

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WP No. 7179/2021

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Physical ftness for termination – YES.

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Recommendations by Medical Board for termination : Recommended.

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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.

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18. Date and time : 03/07/2021 at 2.00 PM”

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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.

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The learned advocate for the petitioner submits that the petitioner has been informed of the risk involved in the

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WP No. 7179/2021

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termination of pregnancy and the petitioner wants to proceed further with the termination of pregnancy.

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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.

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Writ petition is disposed of. No costs.

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[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]

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ssc/

Asmita Jagat Jyoti Chakma v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Asmita Jagat Jyoti Chakma v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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