X Vs. UNION OF INDIA
LAWS(SC)-2016-7-77
SUPREME COURT OF INDIA
Decided on July 25,2016

X Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) By our Motion Bench order dated 22.07.2016, we had accepted the suggestion of the learned Solicitor General for India, and the learned counsel for the State of Maharashtra in directing respondent No.2 the State of Maharashtra, to constitute a Medical Board at KEM Hospital and Medical College, Mumbai, to medically examine the petitioner.
(2.) In furtherance of the direction issued by this Court, a Medical Board comprising of the following seven doctors was constituted at the KEM Hospital and Medical College, Mumbai. 1. 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 Hospital 4. Dr.Indrani Hemantkumar Chincholi, Professor and HOD, Anaesthesia, KEM Hospital 5. Dr.Y.S.Nandanwar, Professor and HOD, Obstetrics & Gynecology, LTMMC and LTMG Hospital 6. Dr.Anahita Chauhan, Professor and Unit Head, Obstetrics & Gynecology, KEM Hospital 7. Dr.Hemangini Thakkar, Addl.Professor, Radiology, KEM Hospital.
(3.) The Medical Board has submitted a report dated 23.07.2016, which is taken on record and marked as Annexure A. In its analysis, the report inter alia recorded as under: 4. From General Medical Examination she has no active medical complaints. 5.Obstetric examination shows 24 weeks pregnancy, with severe polyhydramnios, with fetal parts not felt. On internal examination, the cervix is closed and high up. 6.Radiological diagnosis is single live fetus with gestational age of 23 weeks 3 days with following malformations: 1) excencephaly, i.e. evidence of no skull valut above orbit, with presence of brain tissue floating in amniotic fluid, 2) Omphalocele (presence of liver, intestines and stomach bubble outside the abdomen and in the amniotic cavity). 3) Heart is bulging into the omphalocele sac. 4) Kyphoscoliosis which is an anomlay of the spine involing the thoracolumbar vertebrae with polyhydramnios (excessive amniotic fluid) with closed vertix. ;


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