The central legal point established is that under Section 3 of the Medical Termination of Pregnancy Act, 1971, termination of pregnancy is permissible if there is a substantial risk of physical or mental abnormalities to the child.

JUDGMENT

Raj Mohan Singh. J. (Oral) - The case has been taken up for hearing through videoconferencing.

1. Petitioners have preferred the present writ petition for issuance of an appropriate writ in the nature of mandamus, directing respondent No.2 to terminate the pregnancy of the child in the womb of petitioner No.1 which is of more than 20 weeks in consonance with the report (Annexure P-1) as well as report submitted by respondent No.2 i.e. Post Graduate Institute of Medical Science and Research (PGIMER), Sector 12, Chandigarh.

2. As per medical record, following characteristics were noticed in the fetal ultrasound:-

"Single live fetus is noted in an enlarged gravid uterus.

Fetal cardiac activity is normal.

Fetal shows gross congenital malformation.

Fetal head is not seen.

Fetal cranial vault is not seen. Fetal face is seen with fetal brain is deformed and lying in amniotic fluid as irregular mass- features are s/o Exencephaly.

Fetal spine also shows gross kyphoscoliotic deformity.

Fetal limbs are seen.

FETAL AGE

LIQUOR AMNI is relatively excess.

Largest pocket 3.8 cm.

IMPRESSION: .

Single Live Fetus with Exencephaly. .

Approximate Gestational Age 22 weeks + 1 Weeks.

Please Correlate Clinically.

(DR. BALJIT KAUR)"

3. There is non-visualization of Skull with extrusion of brain parenchyma which falls under the term "ANENCEPHALY" and the continuation of pregnancy would cause grievous injury to the child of petitioner No.1 and is also unsafe and dangerous for the life of the child as well as petitioner No.1.

4. The present writ petition came up for hearing before this Court on 03.07.2020 and following order was passed:-

"The case has been taken up for hearing through video conferencing.

The present writ petition has been filed for issuance of an appropriate direction to respondent No. 2 to terminate the pregnancy of petitioner No.1, which is of 22 weeks as on date.

Notice of motion.

Ms. Monika Chibber, Sr. DAG, Punjab accepts notice on behalf of respondent No.1 and Mr. Amit Jhanji, Advocate accepts notice on behalf of respondent No. 2. Since the pregnancy is stated to be of more than 20 weeks, therefore, in view of embargo envisaged under Section 3 of the Medical Termination of Pregnancy Act, 1971, the Chairperson of Permanent Medical Board at Post Graduate Institute of Medical Education and Research (PGIMER) is requested to have petitioner No.1 examined on 06.07.2020 positively and furnish an opinion as regards the prayer of petitioner No.1 for medical termination of pregnancy, which is of more than 20 weeks. Petitioner No.1 is also directed to appear before the office of Medical Superintendent, Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh on 06.07.2020 at 9:00 A.M. Adjourned to 08.07.2020. Let a report be sent to this Court in a sealed cover by the adjourned date."

5. In compliance of the aforesaid order, Mr. Amit Jhanji, Advocate representing respondent No.2 has forwarded a report of Medical Board dated 07.07.2020 in a sealed cover. The report has been placed on record after opening the sealed cover. The report of Medical Board reads as under: -

"Report of the Medical Board

Subject: CWP No. 9192 of 2020 titled as Kamini and Another vs. State of Punjab and another regarding patient Mrs. Kamini, age 21 years female Cr. No.202002491486.

With reference to the directions received from the Hon'ble High Court dated 03/07/2020 received in the MS office on 04/07/2020 in which the Permanent Medical Board has been asked to examine the petitioner Mrs. Kamini and submit the requisite medical examination report.

The petitioner pt Kamini appeared in the O/o Medical Superintendent on 06/07/2020 and was medically evaluated by the Medical Board at PGIMER, Chandigarh on dated 06/07/2020. Following are the observations:

1. A