The fundamental rights conferred under Article 21 of the Constitution of India may justify medical termination of pregnancy in cases of substantial risk of serious physical handicap to the fetus.

1. Petitioner - Priti Mahendra Singh Rawal has approached this Court under Article 226 of the Constitution of India, seeking direction to the first respondent to produce a report of the appropriate committee which may be constituted by this Court for her examination and submitting its report as to whether the petitioner can be allowed to get the pregnancy terminated.

2. On 3 November 2017 this Court while issuing notices to the respondents, constituted a committee of experts from Sir.J.J.Groups of Hospitals, Mumbai. As per the Medical Board's report as constituted by this Court, the petitioner has been medically examined by the Committee. The Committee has submitted its opinion. A detailed opinions of various experts are filed alongwith the said opinion of the dated 4 November 2017. The Committee which has examined the petitioner opined thus :-

"OPINION OF THE COMMITTEE

DATE-04/11/2017

UPON EXAMINATION OF THE PATIENT PRITI AND AFTER CAREFULLY STUDYING THE SONOGRAPGHY REPORTS AND FETAL 2D ECHO REPORTS, IT IS CONFIRMED THAT THERE ARE MULTIPLE SERIOUS NEUROLOGICAL AND SKELETOL ABNORMALITIES IN THE FETUS. THERE IS ARNOLD CHIARI MALFORMATION WITH HYDROCEPHALUS WITH LARGE LOWER THORACIC AND LUMBAR POSTERIOR SPINAL DEFECT ASSOCIATED WITH A LARGE MENINGOMYELOCELE. THE LOWER LIMB SHOWS NO MOVEMENT ASSOCIATED WITH ABNORMAL CONTOUR OF THE FOOT AND AN ELONGATED URINARY BLADDER. THESE APPEARANCES ARE SUGGESTIVE OF NEUROGENIC ETIOLOGY. THESE ABNORMALITIES HAVE HIGH CHANCES OR MORBIDITY & MORTALITY IN THE NEWBORN. IT ALSO REQUIRES MULTIPLE SURGERIES. THERE ARE HIGH CHANCES OF MENINGITIS, MENTAL RETARDATION, PARALYSIS OF LOWER LIMBS AND LOSS OF URINE AND BOWEL CONTROL THERE IS NO MAJOR CARDIAC ABNORMALITY.

THE WOMAN HAS BEEN EXPLAINED THE OUTCOME OF THIS PREGNANCY IN THE LANGUAGE SHE UNDERSTANDS. SHE IS MENTALLY SOUND & ABLE TO TAKE HER OWN DECISION ABOUT MEDICAL TERMINATION OF PREGNANCY.

THE CONDITION OF THE FETUS FULFILLS THE CRITERIA OF "SUBSTANTIAL RISK OF SERIOUS PHYSICAL HANDICAP" IN THE FETUS.

THE PREGNANT WOMAN HAS VOLUNTARILY EXPRESSED HER DESIRE TO TERMINATE THE PREGNANCY AND IS WELL INFORMED ABOUT THE NATURE OF THE FETUS AND ITS OUTCOME.

THE PREGNANCY IS ADVANCED TO 25 WEEKS 6 DAYS AND IS BEYOND 20 WEEKS CUT OFF OF THE MEDICAL TERMINATION ACT. HENCE, SHE HAS APPROACHED HON. HIGH COURT, BOMBAY FOR TERMINATION OF PREGNANCY.

AT THIS STAGE OF PREGNANCY THE RISK OF TERMINATION REMAINS THE SAME AS THE NATURAL LABOUR AT TERMS.

THUS IF THE COURT PERMITS THE PREGNANCY CAN BE TERMINATED AS DESIRED BY THE WOMAN.

Sd/-4/11/17	sd/-	sd/-
Dr. V.P. Kale. VICE DEAN & PROFESSOR & HEAD DEPT OF PSYCHIATRY GGMC, MUMBAI	Dr. Nita Sutay PROFESSOR & HEAD DEPT OF PAEDIATRICS GGMC, MUMBAI	Dr. V.N. Kurude ASSO. PROFESSOR DEPT OF OBGY GGMC, MUMBAI

Sd/-	sd/-4.11.17
Dr. Shilpa Domkundwar PROFESSOR & HEAD DEPT OF RADIOLOGY GGMC, MUMBAI.	Dr. Sachin Giri ASSISTANT PROFESSOR DEPT OF NEUROSURGERY GGMC, MUMBAI."

3. We have gone through the aforesaid opinion as also the opinion of various other experts including Paediatrics Surgeon, Professor and HOD of Department of Paediatrics, Professor and HOD of Cardiovascular Surgery, Associate Professor and HOD of Department of Psychiatry. Upon examination of the petitioner and evaluation of the opinions, the aforesaid committee / Medical Board has concluded that there are multiple serious neurological and skeletol abnormalities in the fetus. There is arnold chiari malformation with hydrocephalus with large lower thoracic and lumbar posterior spinal defect associated with a large meningomyelocele. The lower limb shows no movement associated with abnormal contour of the foot and an elongated urinary bladder. These appearances are suggestive of neurogenic etiolo