MEERA SANTOSH PAL AND ORS. versus UNION OF INDIA AND ORS.

Citation: [2017] 1 S.C.R. 261 · Decided: 16-01-2017 · Supreme Court of India · Bench: S.A. BOBDE, L. NAGESWARA RAO · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2017] 1 S.C.R. 261 
MEERA SANTOSH PAL AND ORS. 
v. 
UNION OF INDIA AND ORS. 
(Writ Petition (C)No. I 7 of2017) 
JANUARY 16, 2017 
· [S.A. BOBDE AND L. NAGESWARA RAO, JJ.] 
Medical Termination of Pregnancy Act, 1971 ~ s.3(2)(i) -
Womans right to make reproductive choices and bodily integrity -
Writ petition seeking direction to the respondents to allow petitioner 
no. l to undergo medical termination of her pregnancy as she 
apprehended danger to her life, having discovered that .her foetus 
was diagnosed with Anencephaly, a defect that leaves foetal skull 
bones unformed and is both untreatable and certain to cause the 
infants death during or shor1ly after birth - Held: Report of the 
Medical Board clearly warrants the inference that continuance of 
the pregnancy involves ~Tsk to the life of petitioner no. l and a 
possible grave injury to her physical or mental health as required 
by s.3{4}(i) of the Medical Termination of Pregnancy Act -
Though, 
the pregnancy is into the 24'" week, having regard to the danger to 
the life and Jhe certain inability of the foetus to survive extra uterine 
life, it is appropriate in the interests ofjustice to permit petitioner 
no. l to undergo medical termination of her pregnancy under the 
provisions of Medical Termination of Pregnancy Act - The overriding 
consideration is that she has a right to take all such steps as 
necessary to preserve her own life ag(Jj!'st the avoidable danger to 
it, particularly since she has made an informed choice - The exercise 
of her right' seems to be within the limits of reproductive autonomy -
Constitution of India - Arts. 21 & 32 - Personal liberty. 
Suchita 
Sriva~tava and Anr. 
v. 
Chandigarh 
Administration (2009) 9 SCC 1- referred to. 
Case Law Reference 
A 
13 
c 
D 
E 
F 
(2009) 9 SCC 1 
referred to 
Para 9 
G 
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 
17 of2017. 
Under Article 32 of The Constitution of India. 
Colin Gonsalves, Sr. Adv., Ms. Sneha Mukherjee, Satya Mitra, 
H 
261 
262 
A 
B 
c 
D 
E 
F 
SUPREME COURT REPORTS 
[2017] I S.C.R. 
Advs., with him for the Petitioners. 
Ranj it Kumar, SG. R. K. Rathore, Ms. Swaruprana Chaturvadi, 
G. S. Makker, Nishant Ramakantrao Katneshwarkar, Advs., with him 
for the Respondents. 
The following Order of the Court was delivered 
ORDER 
I. Petitioner- No. I - !Vleera Santosh Pal, is 22 years old, has 
approached this Court under Article 32 of the Constitution oflndia seeking 
directions to the respondents to allow her to undergo medical tennination 
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. 
2. By order dated 11.1.2017, while issuing notice to the respondents, 
this Court gave a direction for examination of petitioner no. I by a Medical 
Board consisting of the following seven Doctors : 
l. 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. HemanginiThakkar,Addl. Professor, Radiology, KEM 
Hospital. 
3. As on 12. I .2017, she was into her 24" week of pregnancy. 
This is also borne by the report dated 12. l.2017, received from the 
G 
Director (ME & MH)'s Office, Seth G.S. Medical College & KEM 
Hospital, Parel, Mumbai-400 012. 
4. By its report dated 12.1.2017, the Medical Board has examined 
petitioner no. I with specific ·reference to their special expertise for-
general, medical, radiological, psychiatric and anaesthetic evaluation. An 
obstetric evaluation was done by two Obstetricians. Ultrasonography 
H 
was performed at KEM Hospital on 12. l.2017 by the Additional 
MEERA SANTOSH PAL ANO ORS. v. UNION OF INDIA AND 
ORS. 
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 examin~tion, 
the cervix is posterior an

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