LexSHEETAL SHANKAR SALVI AND ANR. versus UNION OF INDIA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2017] 2 S.C.R. 939
SHEETAL SHANKAR SALVI AND ANR.
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v.
UNION OF INDIA AND ORS.
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(Writ Petition (Civil) No. f74 of2017)
MARCH 27, 2017
[S. A. BOBDE AND L. NAGESWARA RAO, JJ.]
Constitution of India - Art.2I - Personal liberty - Woman :S
right to make reproductive choices - Medical termination of
pregnancy-Petitioner no.} into her 27 weeks of pregnancy- Fetus
diagnosed with Arnold Clwiri malformation Type 2 with meningo
myelocele with tethered cord - Report of Medical Board stating
that the mother :S physical condition was normal and there was no
phys_ical risk to the mother, due to continuation or termination of
pregnancy but she was anxious about outcome of pregnancy; the
fetus had severe physical anomalies which would compromise post
natal quality of life and the child would suffer severe physical and
mental morbidity on survival and the baby may be born alive and
may survive for variable period of time - Writ petition by petitioner
. no. 1 seeking directions to the respondents to allow her to undergo
medical termination of pregnancy - Held: Apparently, it was not
possible for the said Medical Board to determine the period of time
for which the baby was likely to survive - It also appeared from the
report of Medical Board that the baby was not likely to survive 1ike
a normal baby - However, in view of the fact that there was no
danger to the mothers life and the likelihood that the baby may be
born alive and may survive for variable period of time, in the interests
of justice it is considered inappropriate to allow the prayer of
petitioner no. l - In fact, the Medical Board itself had stated that it
did not advise medical termination of pregnancy for petitioner no. l
011 medical grounds - Permission to te~minate the life of the fetus,
ther('.fore, not wanted.
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
174of2017.
Under Article 32 or the Constitution oflndia.
939
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SUPREME COURT REPORTS
[20 l 7] 2 S.C.R.
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Sneha Mukherjee, Satya Mitra, Advs. for the Petitioners.
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Ranjit Kumar, SG, Ms. Sadhana Sandhu, G. S. Makker, Nishant
R. Katneshwarker, Arpit Rai, Advs. for the Respondents.
The following Order of the Court was delivered
ORDER
1. Petitioner No. I - Sheetal Shankar Salvi, has approached this
Court under Article 32 of the Constitution oflndia seeking directions to
the respondents to allow her to undergo medical termination of her
pregnancy.
2. By order dated 22.3.2017, 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:
I. 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
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6. Dr. Anahita Chauhan, Professor and Unit Head, Obstetrics &
Gynecology, LTMMC and LTMG Hospitals
7. Dr. Hemangini Thakkar, Addi. Professor, Radiology, KEM
Hospital.
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3. Petitioner No. I is into her 27 weeks of pregnancy. This is also
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borne by the medical report dated 25.3.2017, received from the Dean &
Director (ME & MH)'s Office, Seth G.S. Medical College & KEM
Hospital, Pare!, Mumbai - 400012.
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4. It is not in dispute that the fetus of petitioner no. I has been
diagnosed with polyhydramnios with Arnold Chairi malformation Type 2
SHEETAL SHANKAR SALVI AND ANR. v. UNION OF !NOIA
941.
AND ORS.
severe hydrocephalus with lumbosacral meningo myelocele and spina
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bifida with tethered cord.
5. The Medical Board has submitted its report dated 25.3.2017.
On perusal of the said report, we find that the said report contains the
following significant features for the purposes of passing this order :
(I) The diagnosis of Arnold Chairi malformation Type 2 with
meningo myelocele with tethered cord has been made on the basis
ofultrasonography.
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(2) The mother's physical condition _is normal and there is no
physical risk to the mother, due to continuation or termination of
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pregnancy. But she is anxious about outcome of pregnancy.
(3) The fetus has severe physical anomalies which will compromise
post natal quality of life and the child will have severe physical
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