Case Note & Summary
The petitioner, Smt. Gulfsha Wasim Sheikh, a 24-year-old woman residing in Wardha, Maharashtra, filed a Criminal Writ Petition before the Bombay High Court at Nagpur seeking permission to terminate her pregnancy. She was in the advanced stage of pregnancy, carrying a fetus of about 36 weeks and 4 days. The petitioner contended that according to expert medical opinion, continuation of the pregnancy would pose a grave danger to her life and that the child to be born was likely to be seriously incapacitated and handicapped. She relied on the decisions in Priyanka Shukla v. Union of India and Mahima Yadav v. Government of NCT of Delhi, which followed the settled law laid down by the Supreme Court. The respondents included the State of Maharashtra, the Medical Board of Civil Hospital, Wardha, and the Dean of Government Medical Hospital, Wardha. The court had earlier constituted a Medical Board to examine the petitioner. The Medical Board submitted a report confirming that the pregnancy was of 36 weeks and 4 days and that continuation would involve a grave injury to the mental health of the petitioner and significant morbidity to the child if born. The Additional Public Prosecutor, Mr. V.A. Thakare, submitted that in the best interest of justice, a suitable order may be passed. The court considered the legal position, particularly the judgment of the Supreme Court in Tapasya Umesh Pisal v. Union of India, which held that when the child to be born is likely to suffer from abnormalities incompatible with life or would remain physically handicapped, the mother has the right to terminate the pregnancy even beyond the statutory period. The court also noted that the Medical Board's opinion indicated that the child would suffer from significant morbidity, which is a valid ground for termination. The court found that the case fell within the exception under Section 5 of the Medical Termination of Pregnancy Act, 1971, which allows termination beyond 20 weeks if there is a substantial risk of grave physical or mental abnormality. Accordingly, the court allowed the petition and granted permission to the petitioner to terminate her pregnancy at the Government Medical Hospital, Wardha, or any other appropriate hospital. The court directed the Dean of the hospital to ensure that the termination is carried out safely and that all necessary medical facilities are provided. The court also directed that the Medical Board's report be kept confidential.
Headnote
A) Medical Termination of Pregnancy - Advanced Pregnancy Termination - Grave Injury to Mental Health - Medical Termination of Pregnancy Act, 1971, Sections 3(2)(b) and 5 - The petitioner, carrying a fetus of about 36 weeks, sought permission to terminate pregnancy based on expert opinion that continuation would cause grave danger to her life and the child would be seriously incapacitated. The Medical Board opined that continuation would involve grave injury to the mental health of the petitioner and significant morbidity to the child. The Court, relying on Tapasya Umesh Pisal v. Union of India and other precedents, held that the case falls within the exception under Section 5 of the MTP Act and granted permission for termination. (Paras 3-7) B) Medical Termination of Pregnancy - Fetal Abnormality - Significant Morbidity - Medical Termination of Pregnancy Act, 1971, Section 3(2)(b) - The Medical Board's report indicated that the child, if born, would suffer from significant morbidity. The Court considered this as a valid ground for termination even at an advanced stage, following the principle that the right to reproductive choice includes the right to avoid suffering of a child with severe abnormalities. (Paras 4-6)
Issue of Consideration
Whether a pregnant woman in the advanced stage of 36 weeks and 4 days can be permitted to terminate her pregnancy on the ground that continuation poses grave danger to her life and the child to be born is likely to be seriously incapacitated and handicapped.
Final Decision
The petition is allowed. The petitioner is permitted to terminate her pregnancy at the Government Medical Hospital, Wardha, or any other appropriate hospital. The Dean of the hospital is directed to ensure that the termination is carried out safely and that all necessary medical facilities are provided. The Medical Board's report shall be kept confidential.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3(2)(b)
- Section 5
- grave injury to mental health
- significant morbidity to child
- advanced pregnancy termination
- medical board opinion
- right to reproductive choice
