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2020 Supreme(Del) 249

HIMA KOHLI, SUBRAMONIUM PRASAD
Jyotsna Shingwani – Appellant
Versus
Union Of India – Respondent


Advocate Appeared:
For the Petitioner:Mr. Vikas Walia, Advocate
For the Respondent:Mr. Rajesh Gogna, Advocate, Ms. Mrinalini Sen, Advocate, Mr. Anand Verma and Mr. Shwetank Singh, Advocates with Dr. Vatsla Dadhwal

ORDER :

1. The matter has been heard through Video Conferencing.

2. The petitioner, who is currently in the 23rd week of pregnancy, has approached this Court, for an appropriate writ, directing the respondents to allow her to undergo medical termination of her pregnancy. Besides the above relief, the petitioner has also challenged the vires of Sections 3(2)(b) and 5(1) of the Medical Termination of Pregnancy Act, 1971 (in short, ‘MTP Act’). However, we do not propose to go into the aspect of the legality of the aforesaid provisions as on the date of admission of the present petition, learned counsel for the petitioner had submitted that he did not wish to press the challenge the vires of the said provisions.

3. Facts in brief leading to filing of this writ petition are as under:

    (a) The petitioner, who is 29 years old, is currently in the 23rd week of her pregnancy. She had got pregnant in the month of November 2019.

(b) On 25.01.2020 and again on 07.02.2020, the petitioner was advised to undergo a Level-II scan, as part of the general process, to check upon the foetus.

(c) As advised, she underwent a Level-II scan in her 21st week of pregnancy, ie., on 03.04.2010.

(d) The report, dated 0

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