Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1864

SUPREME COURT OF INDIA
Hima Kohli, B.V. Nagarathna, JJ.
X – Petitioner
Versus
Union of India & anr. – Respondents
Writ Petition (Civil) Diary No. 41012 of 2023
Decided On : 05-10-2023

Advocates Appeared:
For the Petitioner: Dr. Amit Mishra, Adv., Mr. Rahul Sharma, AOR
For the Respondent: Ms. Aishwarya Bhati, Ld. ASG, Ms. Sthavi Asthana, Adv., Mr. Abhijeet Singh, Adv.

The court emphasized the necessity of a Medical Board's assessment to inform the decision on a petition requesting medical termination of pregnancy beyond the legally permitted timeframe due to mental health issues.

Headnote:(A) Constitution of India - Article 32 - Medical termination of pregnancy - Petition filed seeking directions for the medical termination of pregnancy beyond 24 weeks due to the petitioner's medical condition of 'Lactational Amenorrhea' and depression. (Para 1)

(B) Medical Board - The court directed the constitution of a Medical Board to assess the petitioner's medical condition and to provide an opinion on her request for termination. (Para 6)

Facts of the case:
The petitioner, a mother of two, seeks to terminate her pregnancy, citing medical reasons, and has submitted documentation related to her condition.

Findings of Court:
The court found it appropriate to obtain the opinion of a Medical Board from AIIMS on the petitioner's medical condition.

Issues: The core issue is the petitioner's request for medical termination of pregnancy beyond the legally permitted period due to mental health concerns.

Ratio Decidendi: The court believed that obtaining an assessment from a Medical Board would assist in making an informed decision regarding the petitioner's condition and request.

Result: Petition listed for further hearing.

Table of Content
1. petitioner's request for medical termination under article 32. (Para 1)
2. counsel's submission regarding medical diagnosis. (Para 2 , 5)
3. court's direction for medical board assessment. (Para 3 , 4 , 6 , 7)
4. scheduling of the next hearing. (Para 8)

ORDER :

1. The present petition has been filed by the petitioner invoking Article 32 of the Constitution of India and praying inter alia for issuing directions to the respondents to permit medical termination of her pregnancy which has by now crossed 24 weeks, on a plea that the petitioner who is a mother of two children, is suffering from ‘Lactational Amenorrhea’ and from depression due to which she is unwilling to continue with the pregnancy.

2. The matter was taken up in the morning when learned counsel for the petitioner had sought some time to produce the diagnosis of the doctor under whom the petitioner is stated to be undergoing treatment, which is not on record. In the post lunch session, learned counsel has handed over some documents including prescriptions of the treating doctor which are taken on record.

3. Issue notice.

4. Ms. Aishwarya Bhati, learned Additional Solicitor General accepts notice on behalf of the respondent No.1-Union of India. Issue notice to the respondent No.2- Govt. of NCT of Delhi by ordinary process as well as dasti. Govt. of NCT of Delhi may additionally be served through the Standing Counsel, Mr. Chirag M. Shroff.

5. Ms. Aishwarya Bhati, learned Additional Solicitor General states that a Medical Board may be constituted to assess the petitioner’s medical condition.

6. We are of the opinion that it would be appropriate if the opinion of a Medical Board to be constituted by the AIIMS¹[All India Institute of Medical Sciences, New Delhi], is obtained and placed before this Court for perusal. Ms. Bhati is requested to take appropriate steps in this regard.

7. In view of the urgency of the matter, the petitioner shall appear before the Medical Board, AIIMS tomorrow itself, i.e. 06th October, 2023 at 11 a.m. The report of the Medical Board shall be filed by 07th October, 2023.

8. List on 09th October, 2023 at 10.30 a.m.

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