IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2078 OF 2025 (GM-RES)

BETWEEN:

SMT PRIYA P W/O K P SUHAS AGED ABOUT 29 YEARS R/A NO. 1413/A SHANTHERIKAMAKSHINIVAS

14TH MAIN ROAD MUNESHWARA BLOCK BENGALURU 560 026 …PETITIONER (BY SRI. HEGDE RAMAKRISHNA S., ADVOCATE)

AND:

Digitally signed by KRISHNAPPA

1. THE STATE OF KARNATAKA LAXMI YASHODA Location: H IGH DEPARTMENT OF HEALTH AND FAMILY WELFARE COURT OF KARNATAKA VIKASA SOUDHA, BENGALURU 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE K R ROAD, FORT BENGALURU 560 002 REP. BY ITS MEDICAL SUPERINTENDENT

3. THE UNION OF INDIA DEPARTMENT OF HEALTH AND FAMILY WELFARE ROOM NO. 211-D, NIRMAN BHAVAN NEW DELHI 110 11 REPRESENTED BY ITS SECRETARY VANI VILAS HOSPITAL

4.

BANGALORE-560002 REP BY ITS MEDICAL SUPERINDENDANT …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1, R2 & R4 SRI. H. SHANTHI BHUSHAN H., DSGI FOR R3)

THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO PERMITTING THE PETITIONER TO UNDERGO FOR FOETAL EUTHANASIA AND TERMINATION OF THE 35 WEEKS PREGNANCY UNDER THE MEDICAL CARE AND SUPERVISION OF DR. SAVITA SRIKANTH SHIRODKAR, RANGADORE MEMORIAL HOSPITAL, SHANKARAPURAM, BASAVANAGUDI, BENGALURU AS EARLY AS POSSIBLE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE R DEVDAS

ORAL ORDER

The petitioner is before this Court seeking the following prayers:

a) Permitting the petitioner to undergo for foetal euthanasia and termination of the 35 weeks pregnancy under the medical care and supervision of Dr. Savita Srikanth Shirodkar, Rangadore Memorial Hospital, Shankarapuram, Basavanagudi, Bengaluru as early as possible.

b) May pass any orders as this Hon’ble Court feels fit and proper under the facts and circumstances of the case, in the interest of justice and equity.

2. On the previous occasion, when the matter had come up before this Court, this Court recorded the submission made by the learned counsel for the petitioner that the petitioner who is about 29 years old is pregnant for the second time. The living foetus is about 35 weeks now. Learned counsel submitted that recently when the petitioner was examined, it was found that the foetus has been diagnosed with Bilateral Intracerebral Hemorrhage, Grade III and it has been advised that the petitioner should terminate the pregnancy.

3. Having regard to the provisions contained in the Medical Termination of Pregnancy Act, 1971, the Medical Board was required to be constituted to obtain an experts opinion regarding termination of the pregnancy of the petitioner. Accordingly, directions were issued by this Court to constitute the Medical Board. Accordingly, respondent No.4-Vanivilas Hospital, represented by its Medical Superintendent was hereby directed to constitute the Medical Board and examine the petitioner on 27.01.2025 and the report with the medical opinion of the Medical Board shall be furnished to this Court on

28.01.2025.

4. Accordingly, a report of the Medical Board has been furnished to this Court in a sealed cover. The opinion of the Medical Board dated 28.01.2025 reads as follows:

“Medical Board Opinion for the Termination of Pregnancy of Mrs. Priya P Name: Mrs Priya P w/o K P Suhas Age: 29 years UHID - 20250501644 Address: Kizhkkeparambil, Pottammal, Kuthiravattam, Kozhikode, Kerala Date, time and place of examination: 27/01/2025, 01:00PM, Vani Vilas Hospital, BMCRI, Bengaluru Case examined by -Medical Board as per the instructions by the Hon. High court of Karnataka, Bangalore, for the writ petition No 2078/2025 dt. 27.01.2025 HISTORY LMP: 19/05/2024 EDD:26/02/2025 EDD by scan: 20/05/2025(5weeks and 4 days as per scan)

G2P1L1 with 35+5 weeks Period of gestation K/C/O Chronic Hypertension since 3 months of pregnancy on Tab.Labetalol200mg BD.

No history of any comorbidities like DM, thyroid/

heart diseases, epil