RAVINDRA v. GHUGE & Y. G. KHOBRAGADE, JJ. DATE
Legal Reasoning
*1* 1wp10095o24IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADWRIT PETITION NO.10095 OF 2024X.Y.Z.VERSUSTHE STATE OF MAHARASHTRA AND ANOTHER…Ms.Shilpa L. Awchar, Advocate for the Petitioner.Ms.Neha B. Kamble, AGP for the Respondents/ State.... CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ. DATE :- 17th September, 2024Per Court :-1.On 13.09.2024, we had passed the following order:-“1.This Petition was filed yesterday evening throughthe mother of the victim, praying for a direction toterminate the pregnancy of the victim, under theprovisions of Medical Termination of PregnancyAct, 1971. Hence, this matter was listed today inthe ‘first on board’ category.2. The victim is from Nandurbar. The date of birth ofthe victim is 14.08.2011. The mother of the victimmakes a statement that her daughter has sufferedphysical abuse at the hands of her biologicalfather. The First Information Report has beenregistered on 01.09.2024 bearing No. 0537/2024,with the Police Station, Shahada. The victim ispresently admitted in the Government MedicalCollege and Hospital at Nandurbar. 3. The learned AGP has taken instructions andsubmits that the gestational period of the
Decision
*2* 1wp10095o24pregnancy was 25 weeks and 4 days on02.09.2024. A Medical Board can be constitutedtomorrow at the Government Medical College andHospital at Nandurbar. She submits that the saidhospital has the facility to carry out the medicaltests of the victim and an opinion can be generatedas to whether the termination of pregnancy ispossible. If the foetus has a beating heart, thevictim will have to be transferred to theGovernment Medical College and Hospital atAurangabad which has a level three facility fortermination of pregnancy under the provisions ofthe 1971 Act.4. In view of the above, we direct the Medical Boardof Government Medical College and Hospital atNandurbar, to carry out the medical examinationof the victim tomorrow, who is already admitted inthe said hospital. The mother of the victim wouldsign the necessary papers for carrying out suchmedical examination. The Medical Board shallgenerate a report stating clearly as to whether (a)termination of pregnancy is possible, (b) whether afoetus with a beating heart is noticed in the wombof the probable mother and, (c) what would be therisks involved if the procedure for termination ofpregnancy is to be performed. Let the report begenerated to the office of the learned GovernmentPleader through email, by 16.09.2024.5. 17.09.2024 is a holiday for the Courts in the Stateof Maharashtra on account of Anant Chaturdashi.Nevertheless, considering the issue before us, theCourt would assemble at 10.30 on 17.09.2024(Tuesday). The office of the learned GovernmentPleader would present the report before us. By wayof a precaution and in anticipation, if the foetushas a beating heart, the Government MedicalCollege and Hospital at Nandurbar would advicethe mother of the victim to admit the victim to theGovernment Medical College and Hospital atAurangabad, on 17.09.2024.6. We request the learned GP/AGP to issueappropriate directions to the Dean of theGovernment Medical College and Hospital,Aurangabad to ensure that the concerned medical *3* 1wp10095o24experts would carry out the procedure fortermination of pregnancy, on 17.09.2024 itself.Simultaneously, the District Superintendent ofPolice, Nandurbar shall issue appropriatedirections to the Investigating Officer and shallensure that the medical kit required forpreservation of the blood samples for the DNA test/forensic lab, is made available to be transported bythe Investigating Officer to Aurangabad, on17.09.2024 in order to be utilised during thetermination of pregnancy, if so directed by thisCourt.7. List this Petition at 10.30 am on 17.09.2024.”2.We are holding a special court sitting today keepingin view the urgency involved.3.Pursuant to our above direction, the Medical Boardof the Government Medical College and Hospital (GMCH),Nandurbar, has tendered a report to the office of the GovernmentPleader, dated 14.09.2024 (three pages). A printout of the emailreport is placed before us, which is marked as ‘X’ foridentification.4.The medical report reads as under:-“In addition to report submitted by medical board ofGovernment Medical College Nandurbar on 14/9/2024, Opinionformed by Medical Board after medical examination as *4* 1wp10095o24instructed by Honorable High Court Aurangabad is as follows,a) Termination of pregnancy is possible with riskmentioned below. b) Foetus with beating heart is noticed in the womb ofthe probable mother.c) Following risks are involved if the procedureperformed at this time and at term.Considering that child suffers with sickle celldisease and she is 13 yr old the risk faced by the child-1) Termination at this timeRisk to Mother (13 yr old child)Risk to fetus in wombTeenage pregnancyLive with beating heartAnemiaPrematuritySickle cell anemiaChances of having sickle celldisease or traitPostpartum haemorrahge Sickle cell crisisRequired blood transfusionElective lscsLife threatening2)Pregnancy is continued till termRisk to Mother (13 yr old child)Risk to fetus in wombTeenage pregnancyLive with beating heartAnemiaChances of having sickle celldisease or traitSickle cell anemiaPostpartum haemorrahge Sickle cell crisisRequired blood transfusionElective lscsLife threateningIn both scenario due to sickle cell disease and teenagepregnancy life threatening situation to mother (13 yr old child).As per MTP Act for such termination USG machinerequired, Level III PCPNDT registered center is required (GMC *5* 1wp10095o24Nandurbar is not registered for level III PCPNDT), Baby shouldnot born live. Level III PCPND center and facility is available atGMC Aurangabad.”5.The learned AGP submits that the victim has alreadybeen transferred to the GMCH at Chhatrapati Sambhajinagar on15.09.2024. The team of doctors would be performing thetermination of pregnancy, if permitted by this Court, today itself.The Investigating Officer Shri Pravin Shankar Sonawane,Assistant Police Inspector, Shahada Police Station, Nandurbar, ispresent in the Court along with the required kit which is utilizedfor the preservation of the blood samples for DNA/ forensic lab.We appreciate the efforts of the Superintendent of Police,Nandurbar and the Investigating Officer.6.Considering the medical report reproduced above,we permit the team of doctors at the GMCH, ChhatrapatiSambhajinagar to proceed to terminate the pregnancy by usingUSG Machine, Level III, PCPNDT which is registered centre atGMCH at Chhatrapati Sambhajinagar. Under the guidance of theInvestigating Officer, the required samples shall be preserved inthe medical kit that is brought along by the Investigating Officer. *6* 1wp10095o247.Keeping in view that the victim is from a tribal areaand is a sickle cell affected person, we call upon the learnedDean of GMCH at Nandurbar as well as the learned Dean ofGMCH at Chhatrapati Sambhajinagar, to waive the medicalcharges/ bills, if any, in relation to the victim. All medicalassistance of such nature, as is normally required to be extendedto such patients, shall be so extended without charges andpreferably under the sickle cell scheme or any such scheme as ispermissible in law.8.We appreciate the efforts of the learned AGP Ms.Neha Kamble in taking all the efforts and being a part of thespecial hearing on a holiday.9.With the above directions, this Writ Petition isdisposed off. kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)