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IN THE HIGH COURT OF BOMBAY
N.R. Borkar, Somasekhar Sundaresan, JJ.
X. Y. Z. - Appellant
Versus
The Dean of B. J. Government Medical College And Sassoon Hospital & Ors. - Respondents
Writ Petition No. 7745 of 2024
Decided On : 30-05-2024
MEDICAL TERMINATION - PREGNANCY TERMINATION - MTP Act, 1971 - Section 3(2)(b)(i), Section 3(4)(b) - The court examined the provisions of the Medical Termination of Pregnancy Act, 1971, particularly Section 3(2)(b)(i) which allows termination if continuation poses a grave risk to the woman's physical or mental health. The court emphasized the importance of the pregnant woman's consent as per Section 3(4)(b) and highlighted the need for a comprehensive assessment of mental health by the Medical Board. The court's decision was influenced by the findings that the continuation of the pregnancy could lead to grave psychological injury to the petitioner, thus justifying the termination.
Fact of the Case:
The petitioner sought permission to terminate a 25-week pregnancy, citing grave psychological effects and social stigma as reasons. A medical board assessed her mental and physical health, concluding that continuation of the pregnancy could cause severe psychological harm.
Finding of the Court:
The court found that the medical board's report indicated that the petitioner was at risk of grave psychological injury if the pregnancy continued. The petitioner was deemed physically fit for the procedure, and her autonomy in making reproductive choices was affirmed.
Issues: Whether the petitioner could terminate her pregnancy under the provisions of the MTP Act, considering her mental health and the absence of congenital abnormalities in the fetus.
Ratio Decidendi: The court held that the mental health of the pregnant woman is paramount under the MTP Act, and that the absence of congenital abnormalities does not preclude the possibility of terminating a pregnancy if it poses a risk to the woman's mental health. The court emphasized the importance of the woman's consent and autonomy in reproductive choices.
Final Decision: The court permitted the petitioner to undergo the medical termination of her pregnancy, directing the Sassoon Hospital to carry out the procedure promptly, while ensuring the petitioner's mental and emotional well-being.
ORDER
1. This Petition, filed on 27th May, 2024, seeks permission for the Petitioner to terminate a pregnancy of 25 weeks, with consequential directions.
2. We took up the Petition on the same, for final hearing and disposal, with the consent of the parties.
3. We noticed that the private medical report annexed to the Petition had indicated no abnormality with the foetus. However, that report had not considered the emotional and mental health of the Petitioner. We called upon the Medical Board of the B.J. Government Medical College and Sassoon General Hospital, Pune ('Sassoon Hospital'), to provide its assessment in compliance with the Medical Termination of Pregnancy Act, 1971 (for short, 'MTP Act') vide our order dated 27th May, 2024. The matter was posted for 29th May, 2024 so that we could have the Medical Board's assessment on various parameters to be able to adjudicate the Petition.
4. It is clear from the record that the pregnancy is not owing to any crime but is due to a consensual relationship. It is evident that apart from subjecting herself to investigation by the Sassoon General Hospital, the Nigdi Police Station, Pune was also informed by the hospital, which, made its inquiries. It is clear from the record that no sexual crime is involved.
5. The Petitioner is said to be from the lower income group and has stated that grave psychological effect of the pregnancy and social stigma are the primary reasons for which the Petitioner desires to terminate the pregnancy. It is evident from the pleadings that the Petitioner is also aware that should the medical termination procedure fail, leading to an infant being born, the Petitioner intends to give the child in adoption through government agencies in accordance with law. Besides, it was pleaded that since that the Petitioner is just above 19 years of age, the continuation of pregnancy may run the risk of maternal mortality.
6. This morning, we were provided with the report dated 28th May, 2024 of the Medical Board of Sassoon Hospital. We took note of the Members of the Medical Board who reviewed the case (seven medical professionals with expertise in Gynaecology, Radiology, General Medicine, Pediatrics and Psychiatry).
7. The Medical Board's report deals with all facets stipulated for consideration for a decision under the MTP Act, including the facet of the mental health of the Petitioner. Upon review of the report, it is clear that the Petitioner is carrying a single live intrauterine foetus, aged at 25 weeks and 6 days. The Medical Board examined the Petitioner, counseled her and has returned an explicit finding that 'considering the woman's current psychological status, sociocultural and economic conditions, continuation of pregnancy can lead to grave psychological injury'.
8. The report of the Medical Board also returns a finding that the Petitioner is physically fit for undertaking medical termination of pregnancy. The Medical Board has returned a recommendation that termination of pregnancy is indeed recommended 'by medical methods and if required surgical'.
9. The Medical Board's report records the Petitioner's age at 19 years, 03 months and 10 days and the pregnancy at 26 weeks and 02 days. It is stated, based on an ultra-sonography report dated 28th May, 2024, that the foetus does not display any congenital abnormality.
10. Therefore, it is the psychological status of the Petitioner that lies at the heart of the matter. The Medical Board's report also indicates that a child be born despite a termination procedure, would run a high possibility of immediate and a long term physical and mental disability, which would seriously jeopardize the quality of life of the child.
11. We have given our anxious consideration to the submissions of the Learned Counsel for the Petitioner as also, of the Learned Counsel representing the Union of India and the State of Maharashtra. The findings returned in the Medical Board's report are essentially that the Petitioner would suffer grave psy
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