- (1.) Pursuant to the direction of this Court the petitioner/Poonam Chandan Yadav has been examined by the Medical Board and report dated 05.10.2017 has been submitted. After detailed examination of the petitioner/Poonam Chandan Yadav, the following opinion is expressed by the Medical Board: "After taking history and after careful examination medical board members confirm that the fetus has major severe congenital anomaly related to both kidneys. Both kidneys are not functioning. This condition is not compatible to life after birth. The pregnant woman has voluntarily expressed her desire to terminate the pregnancy and is well informed about the nature of the condition of the fetus. She wants her pregnancy to be terminated as there is no treatment available and child born will not survive. She seems to be under lot of mental stress because of the fetal condition. Since the pregnancy is already advanced to 31 weeks well beyond 20 weeks cut off she has approached honorable court for termination of pregnancy. We feel that at this stage termination of pregnancy is not going to be more hazardous than spontaneous delivery at term. Considering poor prognosis of the baby continuing pregnancy will cause more mental anguish to the mother. Thus if the honorable court permits the termination as wished by pregnant woman pregnancy can be terminated in this case."
(2.) A categorical view reflected in the above said report is that if the pregnancy of the petitioner is terminated at this stage it is not going to be more hazardous than spontaneous delivery at term. On the contrary, continuing pregnancy will cause more mental anguish to the petitioner. Having regard to the aforesaid report and the law laid down by this Court in various judgments including in judgment dated 16.01.2017 in W.P.(C)0 No. 17 of 2017 : 2017(1) R.C.R.(Civil) 807 : 2017(1) R.C.R.(Criminal) 634 : 2017(1) Recent Apex Judgments (R.A.J.) 347 titled as Meera Santosh Pal and Ors. v. Union of India and Ors., the prayer made in the writ petition is allowed to the extent the petitioner is free to undergo medical termination of her pregnancy. For this purpose, petitioner/Poonam Chandan Yadav may visit the hospital on 07.10.2017 and she would be attended immediately.
(3.) The writ petition is accordingly disposed of.;