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2020 Supreme(SC) 907

R.BANUMATHI, INDU MALHOTRA, ANIRUDDHA BOSE
Komal Hiwale – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Mr. Colin Gonnsalves,Sr.Advocate, for the Appellant; Mr. Satya Mitra, Advocate and Ms. Sneha Mukherjee, Advocate, for the Parties.

ORDER

1. We have heard Mr. Colin Gonsalves, learned senior counsel appearing for the petitioner.

2. The petitioner who is now pregnant by about 24-25 weeks, had sought permission for foetal reduction of one foetus which is affected with down syndrome.

3. By order dated 22.05.2020, the High Court had declined to grant permission for foetal reduction. The High Court was of the view that it may not be safe for the mother, and secondly foetal reduction of one foetus, may affect the other normal foetus.

4. By order dated 10.06.2020, we had directed the same Medical Board to be re-constituted, and submit an additional report on two issues :

    (i) To give further opinion whether the abortion of one foetus will affect on the life of the petitioner-mother;

    (ii) Whether the abortion of one foetus will have an effect on the surviving second foetus.

5. We had further directed that an additional member be included in the Medical Board, who is a specialist in Foetal Medicine. The Medical Board included Dr. Purnima Satoskar, MD, a Full Time Professor, Department of Obstetrics and Gynecology at Seth G.S. Medical College and Head of Unit & Foetal MedicineDepartment at Nowrosjee Wadia Maternity Hospit

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