JUDGMENT :

[G.S. Patel, J.]

1. The name, age and address of the Petitioner are withheld to protect her privacy. Rule, returnable forthwith.

2. The Petitioner first came to this Court in mid-January 2023. By then, she was in roughly her 32nd week of pregnancy. The Petitioner said that a routine medical check up showed serious foetal anomalies and abnormalities. On 13th January 2023 we passed the following order:

“2. On 7th September 2022, the Petitioner underwent a sonography and a foetal anomaly scan at 14 weeks. This test result was normal. A few months later, on 22nd December 2022, the Petitioner underwent a follow-up sonography and foetal anomaly scan, by which time, her gestation period was 29 weeks. This test showed that foetus suffers from multiple anomalies. Among the anomalies noted was microcephaly and lissencephaly. There was mild uteroplacental insufficiency noted. On 30th December 2022, the Petitioner was admitted to the Sassoon General Hospital, Pune. On 30th December 2022 a Medical Board was constituted as required by the Medical Termination of Pregnancy Act 1971. As opinion confirmed the diagnosis of anomalies, added the possibility of intellectual disability but said both conditions are not life threatening. It denied the request for a medical termination of pregnancy in view of the advanced gestation period.

3. Paragraph 4(a) of the Petition says that the Petitioner and her husband have taken counselling from registered medical professionals. They say that they are from a humble background with severe financial constrains. They will not be able to provide additional care and meet the expenses of an infant born with such conditions. She therefore seek the intervention of Court to permit a termination of the pregnancy. Leaving aside the submission in the Petition on the rights of the Petitioner, and to which we will return at a later date if necessary, we immediately require a follow-up opinion after a examination by the Medical Board at the Sassoon General Hospital, Pune.

4. In doing so, the Board must specifically address the questions of whether an infant born with these conditions is likely to require extensive and continuous or live long medical intervention, and the possible costs associated with these. There must be an assessment of the physical and mental health condition of the mother as well. We note the previous opinion that condition of the foetus is not presently life threatening. But the opinion that is required is whether a medical termination of the pregnancy at this stage poses a risk or danger to the Petitioner either physically and mentally. This means that she needs also to be evaluated and assessed by a qualified psychiatrist attached to the Sassoon General Hospital. The Petitioner must be admitted to the hospital today itself so that she can be examined in the course of tomorrow morning. A copy of the report may be transmitted to the email address of the learned AGP [redacted]. ACC istobe markedto [redacted]. We do not provide the email address of the Writ Cell and the Court Registry in order to protect privacy of the Petitioner. We note that the Petition raises grounds and issues about the Petitioner’s right to privacy as well.” (Redactions and emphasis added)

3. On 16th January 2023, we took on record the report of the Sassoon Hospital. That is marked “X” in our records. That report does not controvert the medical position or the result of the tests. The condition of the foetus is undisputed, viz., the detection of microcephaly and lissencephaly. What the report says is this:

“Key recommendations of the panel (if any) with justifications:

On clinical and sonographic examination mother has pregnancy of gestational age by dated 33 weeks and gestational age by scan 32 weeks and 6 days by 14 weeks and 4 days scan. She has no major medical, obstetric, Psychiatric complications at present. In view of above observations by medical board faculty, deformity being correctable at government and maj