INDU DEVI Vs. STATE OF BIHAR & ORS.

JUDGEMENT

(1.) This Court on 3.5.2017, after hearing the learned counsel for the parties, had passed the following order :-

(2.) In pursuance of our order, the Medical Board at All India Institute of Medical Sciences (AIIMS) has examined the petitioner. The opinion of the Medical Board fundamentally is that at present the procedure involved in termination of the pregnancy is risky to the life of the petitioner and the fetus in the womb. the Medical Board has also suggested that she is advised to continue HAART therapy and routine antenatal care, to reduce the risk of HIV transmission to the fetus/baby to the minimum.

(3.) In view of the aforesaid opinion, it is the accepted position at the Bar that there cannot be termination of pregnancy. Learned counsel for the petitioner would submit that the petitioner along with the companion be sent back to Patna and for the said purpose appropriate arrangements be made by the Union of India to which Mr. Tushar Mehta, learned Additional Solicitor General concedes. We appreciate the stand taken by the Union of India in this regard.