1

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO.17 OF 2017

MEERA SANTOSH PAL AND ORS

PETITIONER(S)

VERSUS

UNION OF INDIA AND ORS

RESPONDENT(S)

O R D E R

Petitioner No.1 – Meera Santosh Pal, is 22 years old,

has approached this Court under Article 32 of the

Constitution of India seeking directions to the respondents

to allow her to undergo medical termination of her

pregnancy. She apprehended danger to her life, having

discovered that her fetus was diagnosed with Anencephaly, a

defect that leaves foetal skull bones unformed and is both

untreatable and certain to cause the infant’s death during

or shortly after birth. This condition is also known to

endanger the mother’s life.

By order dated 11.1.2017, while issuing notice to the

respondents, this Court gave a direction for examination of

Digitally signed by

SANJAY KUMAR

Date: 2017.01.16

19:53:20 IST

Reason:

Signature Not Verified

2

petitioner no.1 by a Medical Board consisting of the

following seven Doctors :

1.

Dr. Avinash N. Supe, Director (Medical Education &

Major Hospitals) & Dean (G&K) – Chairman

2.

Dr. Shubhangi Parkar, Professor and HOD, Psychiatry,

KEM Hospital

3.

Dr. Amar Pazare, professor and HOD, Medicine, KEM

Hosptial

4.

Dr. Indrani Hemantkumar Chincholi, Professor and HOD,

Anaesthesia, KEM Hospital

5.

Dr. Y.S. Nandanwar, Professor and HOD, Obstetrics, KEM

Hospitals

6.

Dr. Anahita Chauhan, Professor and Unit Head,

Obstetrics & Gynecology, LTMMC and LTMG Hospitals

7.

Dr. Hemangini Thakkar, Addl. Professor, Radiology, KEM

Hospital.

As on 12.1.2017, she was into her 24^th week of

pregnancy. This is also borne by the report dated

12.1.2017, received from the Director (ME & MH)'s Office,

Seth G.S. Medical College & KEM Hospital, Parel, Mumbai –

400 012.

By its report dated 12.1.2017, the Medical Board has

examined petitioner no.1 with specific reference to their

special expertise for general, medical, radiological,

psychiatric and anaesthetic evaluation. An obstetric

evaluation was done by two Obstetricians. Ultrasonography

was performed at KEM Hospital on 12.1.2017 by the

3

Additional Professor, Radiology. The said Board has further

reported that obstetric examination shows 24 weeks

pregnancy, external ballottement present, fetal parts not

well felt with mild polyhydramnios. On internal

examination, the cervix is posterior and OS is closed.

Ultrasonography diagnosis has revealed a single live fetus

with

anencephaly

with

mild

polyhydramnios

with

hypotelorism.

We have been informed that the fetus is without a

skull and would, therefore, not be in a position to

survive. It is also submitted that petitioner no.1 has

undergone psychiatric evaluation. She is reported to be

coherent, has average intelligence and with good

comprehension. She understands that her fetus is abnormal

and the risk of fetal mortality is high. She also has the

support of her husband in her decision making.

Upon evaluation of petitioner no.1, the aforesaid

Medical Board has concluded that her current pregnancy is

of about 24 weeks. The condition of the fetus is not

compatible with extra-uterine life. In other words, the

fetus would not be able to survive outside the uterus.

Importantly, it is reported that the continuation of

pregnancy can gravely endanger the physical and mental

health of petitioner no.1 and the risk of her termination

4

of pregnancy is within acceptable limits with institutional

back up.

This Court, as at present being advised, would not

enter into the medico-legal aspect of the identity of the

fetus but consider it appropriate to decide the matter from

the standpoint of the right of petitioner no.1 to preserve

her life in view of the foreseeable danger to it, in case

she allows the current pregnancy to run its full course.

The medical evi