Back
2015 Supreme(SC) 1015
SUPREME COURT OF INDIA
(Record of Proceedings)
ANIL R. DAVE, KURIAN JOSEPH, JJ.
CHANDRAKANT JAYANTILAL SUTHAR AND ANOTHER – Petitioners
Versus
STATE OF GUJARAT – Respondent
SLP(Cri.) No. 6013 of 2015
Decided on : 28-07-2015
The court ruled that termination of pregnancy may be performed without further judicial permission if a medical board determines it is immediately necessary to save the woman's life, subject to the consent of the patient and petitioners.
Headnote:(A) Termination of Pregnancy - Life-threatening conditions - Constitution of a medical board to assess medical urgency - If the medical board determines that termination is immediately necessary to save the life of the woman, the surgery may be performed without further permission from the court, provided the patient and petitioners desire such abortion - In case of disagreement among doctors, the majority view shall prevail. (Paras 2 and 3)
(B) Forensic Evidence - DNA identification - Direction to preserve tissue from the foetus for identification purposes in case of abortion. (Para 4)
Facts of the case:
A petition was filed seeking directions for the termination of a pregnancy. The court ordered the examination of the patient by a team of senior gynaecologists and a clinical psychologist to determine if there is a serious threat to her life if the pregnancy is not terminated.
Findings of Court:
The court directed that a specialized medical team should evaluate the patient. If the team determines that termination is necessary to save the woman's life, the medical facility may perform the surgery without further court permission, provided the woman and petitioners agree.
Issues: Whether an immediate termination of pregnancy is medically necessary to save the life of the patient.
Ratio Decidendi: When a medical board of experts concludes that a pregnancy poses an immediate threat to the woman's life, the urgency of saving the life overrides the requirement for further judicial permission, provided consent is obtained.
Result: Notice issued; medical board directed to examine the patient and perform termination if medically necessary to save her life.
Legal Category Hierarchy
-
family law
- medical termination of pregnancy
-
practice and procedure
-
court orders
- directions for medical examination and abortion
-
court orders
Order
Issue notice by speed post, returnable on 4-8-2015. Looking at the peculiar facts of the case, a request was made to the Standing Counsel for the State of Gujarat to appear in the matter. Ms. Jesal, learned counsel, appearing on behalf of Ms. Hemantika Wahi, learned Advocate-on-Record, waives service of notice for the respondent State.
Looking at the peculiar facts of the case, we direct that Ms. Maitri Chandrakant Suthar shall be examined by three senior most available Gynaecologists of Civil Hospital, Ahmedabad at Asarwa, along with Dr. Riddhi Ketan Shukla, who had examined Ms Maitri on 25-7-2015 and also by a Clinical Psychologist attached to the Civil Hospital. The aforestated team of doctors shall examine Ms. Maitri and after having an interaction with her, shall decide whether there is a serious threat to her life, if the child is not aborted.
If the team of the aforestated doctors is of the view that termination of the pregnancy is immediately necessary to save the life of Ms. Maitri, the doctor concerned of the Civil Hospital shall perform necessary surgery, if the petitioner and Ms. Maitri desire to go through to such abortion, without taking any permission from this Court. If there is no unanimity among the doctors, majority view of the doctors shall prevail.
In case of abortion, the hospital authorities shall take necessary tissue from the foetus for DNA identification.
Intimation of this order shall be sent to the Medical Superintendent of Civil Hospital, Ahmedabad, at Asarwa, forthwith by the Registry. The learned counsel appearing for the State shall also give intimation of this order to the Superintendent of Civil Hospital, Ahmedabad, that if Ms. Maitri approaches Civil Hospital on 29-7-2015, necessary arrangements for her stay as an indoor patient shall be made by him so that on 30-7-2015 around 11.00 a.m. or at the time suitable to the aforestated doctors, she can be examined.
Intimation of this order shall also be given to Dr. Riddhi Ketan Shukla by the learned counsel for the petitioner. If, for any reason, Dr. Riddhi Ketan Shukla cannot remain present, the remaining four doctors shall examine Ms. Maitri and act as per this order.
List the matter on 4-8-2015.
