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2024 Supreme(Bom) 509

N. R. BORKAR, SOMASEKHAR SUNDARESAN
XYZ – Appellant
Versus
Dean of B. J. Government Medical College And Sassoon Hospital – Respondent


Advocates appeared:
Mr. Tejesh Dande, Advocate for Petitioner; Ms. Purnima Awasthi, Advocate for Respondent No.2-Union of India; Ms. Kavita Solunke, AGP for Respondent No.3-State.

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 inqu

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