IMPORTANT POINT
Pregnancy can be medically terminated even at advanced stages in special cases.

ORDER

1. The petitioners, the husband and wife, have moved this petition under Article 32 of the Constitution with manifold prayers. In the course of hearing, Mr. Colin Gonsalves, learned senior counsel appearing for the petitioners, has restricted his argument to prayer (g) which pertains to issue of direction for constituting a medical board to assess the pregnancy of the 1st petitioner and direct for termination of the pregnancy.

2. When the matter was listed on 21.6.2017, the Court took note of the prayer for appointment of a panel of doctors at a Government hospital in Kolkata to examine the state of health of the mother and accordingly directed the matter to be listed on 23.6.2017. When the matter was listed on 23.6.2017, this Court had passed the following order :-

In pursuance of the previous order of this Court "dated 21.06.2017, learned standing counsel appearing on behalf of the State of West Bengal has placed on the record his instructions indicating that a team of senior Doctors may be constituted to evaluate the mental and physical health of the first petitioner and the state of health of the foetus. At this stage, the pregnancy is in its 25th week. The court has been apprised of the medical reports produced on record by the petitioners, including the opinion of Doctor Devi Shetty, which is annexed to the paper book. We accordingly constitute a Medical Board consisting of the following Doctors to examine the first petitioner and her foetus at the Institute of Post Graduate Medical Education & Research (SSKM Hospital) situated at 244 A.J.C. Bose Road, Kolkata-700 020:-      

We request the Medical Board to examine the first petitioner and to submit its evaluation report of the first petitioner and the foetus to this court on 29.06.2017 in a sealed cover. A copy shall also be furnished to the Standing counsel for the State of West Bengal in sealed cover.

List on 29th June, 2017."

In pursuance of the aforesaid order, a Medical Board was constituted and a report was submitted before this Court on 29.6.2017. Thereafter, the matter was directd to be listed today.

3. It is submitted by Mr. Colin Gonsalves, learned senior counsel appearing for the petitioners that the medical report clearly stipulates the condition of the 1st petitioner and if the report is appositely appreciated, the direction, as prayed for, deserves to be granted. We think it appropriate to reproduce the observations and opinion of various members of the Medical Board. The report of the Medical Board reads as under :-

"Observation of Dr. Utpalendu Das, Professor & H.O.D. of Radiology, IPGMER-SSKM Hospital, Kolkata-As per the available medical records including anomaly scan dated 25/05/2017 at gestational age of 20 weeks 5 days reveals single life intrauterine fetus with normal fetal anatomy and grown except cardiac anomally with suggestion of Tetralogy of Fallot:

Fetal Echocardiography done on 6th June, 2017 reveals -

Tetralogy of Fallot Large perimembranous VSD with inlet extension (bidirectional flow) Aorta from LV overriding the VSD Pulmonary atresia Duct/MAPCA dependent pulmonary circulation Good Veticular Function

Opinion of Dr. Saroj Mondal, Asst. Professor of the Department of Cardiology, IPGMER-SSKM Hospita, Kolkataregarding continuation of pregnancy of Mrs. Sarmistha Chakrabortty, who is carrying 20 weeks 5 days as on 25.05.2017 of pregnancy with normal fetal growth having fetal cardiac malformat