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2017 Supreme(SC) 1011

A.K.SIKRI, A.M.SAPRE, ASHOK BHUSHAN
Poonam Chandan Yadav – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
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.

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



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