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2017 Supreme(SC) 1011
SUPREME COURT OF INDIA
A.K. Sikri, Abhay Manohar Sapre, Ashok Bhushan, JJ.
Poonam Chandan Yadav – Petitioners
Versus
Union of India & Ors. – Respondents
Writ Petition (Civil) No. 930 of 2017
Decided On : 06-10-2017
For the Petitioners: Ms. Sneha Mukharjee, Satya Mitra, Ms. Jyoti Mendiratta, Advs.
For the Respondents: Ranjit Kumar, SG, Ms. Sadhana Sandhu, G.S. Makker, R.R. Rajesh, Nishant Katneshwarkar, Ms. Deepa Kulkarni and Arpit Rai, Advs.
IMPORTANT POINT
Even 31 weeks’ advanced pregnancy can be allowed to be terminated in exceptional cases.
Headnote:Medical termination of pregnancy – 31 week’s pregnancy – Continuing pregnancy causing more mental anguish to the mother due to hazardous faetal condition – Moreover, delivery likely to be very hazardous and child not likely to survive – Petitioner allowed to terminate pregnancy. (Para 1, 2)
W.P.(C) No. 17 of 2017 – Relied upon
Facts of the case:
Petitioner is 31 weeks pregnant. The condition of the faetus very hazardous. Child if born not likely to survive. Continuing pregnancy causing more mental anguish to the mother.
Mother seeking termination of pregnancy.
Finding of the Court:
The pregnancy should be terminated.
Result: Petition disposed of.
JUDGMENT
Pursuant to the direction of this Court the petitioner/Poonam Chandan Yadav has been examined by the Medical Board and report dated 05.10.2017 has been submitted. After detailed examination of the petitioner/Poonam Chandan Yadav, the following opinion is expressed by the Medical Board:
"After taking history and after careful examination medical board members confirm that the fetus has major severe congenital anomaly related to both kidneys. Both kidneys are not functioning. This condition is not compatible to life after birth.
The pregnant woman has voluntarily expressed her desire to terminate the pregnancy and is well informed about the nature of the condition of the fetus. She wants her pregnancy to be terminated as there is no treatment available and child born will not survive. She seems to be under lot of mental stress because of the fetal condition.
Since the pregnancy is already advanced to 31 weeks well beyond 20 weeks cut off she has approached honorable court for termination of pregnancy.
We feel that at this stage termination of pregnancy is not going to be more hazardous than spontaneous delivery at term. Considering poor prognosis of the baby continuing pregnancy will cause more mental anguish to the mother.
Thus if the honorable court permits the termination as wished by pregnant woman pregnancy can be terminated in this case."
2. A categorical view reflected in the above said report is that if the pregnancy of the petitioner is terminated at this stage it is not going to be more hazardous than spontaneous delivery at term. On the contrary, continuing pregnancy will cause more mental anguish to the petitioner. Having regard to the aforesaid report and the law laid down by this Court in various judgments including in judgment dated 16.01.2017 in W.P.(C)0 No. 17 of 2017 titled as Meera Santosh Pal & Ors. v. Union of India & Ors., the prayer made in the writ petition is allowed to the extent the petitioner is free to undergo medical termination of her pregnancy. For this purpose, petitioner/Poonam Chandan Yadav may visit the hospital on 07.10.2017 and she would be attended immediately.
3. The writ petition is accordingly disposed of.
