Nirmala vs State Of Haryana And Ors

Anil Kshetarpal, J

On 15.02.2021, the following order was passed:-

The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

The petitioner has filed this writ petition under Article 226/227of the Constitution of India for permission to terminate the pregnancy beyond the period

prescribed under the Medical Termination of Pregnancy Act, 1971.

It has been asserted in the petition that the ultrasound of the foetus shows that the child has lemon shaped skull with hypoplastic posterior fossa

structures.

Notice of motion.

On the request of this Court, Mr. Samarth Sagar, Additional Advocate General, Haryana, accepts notice on behalf of the State.

The Chief Medical Officer, Civil Hospital, Sector 6, Panchkula,is directed to constitute a Medical Board and examine the petitioner, who is directed to

appear before the Medical Board, on 16.02.2021, at 11:00 AM. The report be submitted on or before the next date of hearing.

List on 17.02.2021

A medical board consisting of various doctors has examined the petitioner and concluded as under:-

In reference to the CWP No.3434 of 2021 in case of Nirmala Vs. State of Haryana and ors.

The board examined clinically and sonologically on dated 15.02.2021 patient Nirmala w/o Sh. Jai Parkash r/o 545, Rajiv Colony, Sector 17, Panchkula

(UHID No.350010604012)

She is G5 P 2 A2

G1- Spontaneous abortion at approx 6 to 7 weeks.

G2- 8 year back LSCS at Civil Hospital, Panchkula.

G3- 6 year back LSCS at Civil Hospital, Panchkula

G4- Spontaneous abortion at approx 6 to 7 week about

4 year back.

On examination:- General condition fare, vitals stable and on per abdomen examination uterus is about 24 weeks pregnant uterus size.

Ultrasound done on dated 15.02.2021 “Single live fetus of 23 weeks 2 days 1 week with massive lumbar meningomyelocele, hypoplastic posterior

fossa structures (consistent with Arnold Chairri Type â€" II Malformations) with bilateral club feet.

Conclusion:-

As per MTP Act, 1971 MTP can be done upto 20 week of pregnancy and she is about 24 weeks pregnant.

Tertiary care centre GMCH â€" 32 Chandigarh also mentioned in their treatment card that “pregnancy cannot be terminated beyond 20 weeks

without court orders†also she is very high risk case for termination of pregnancy at secondary care centre (Civil Hospital, Sector 6, Panchkula) in

view of previous 2 LSCS and previous 2 abortions.

It has been pointed out that she is at a very high risk of termination of pregnancy. She is, very high risk case for termination of pregnancy at

secondary care centre and therefore, it would be more appropriate if she gets the termination of pregnancy at a hospital which is fully equipped to deal

with the emergency.

Keeping in view the aforesaid facts, Sh. Amit Jhanji, Advocate, who represents PGIMS, Chandigarh was requested to attend the hearing. He has

informed the Court that the medical board will be meeting on 19.02.2021.

Keeping in view the urgency involved, the petitioner is directed to appear before the medical board of PGIMS, Chandigarh on 19.02.2021. The

medical board after examination will form an independent opinion. If the board comes to a conclusion that the termination of pregnancy is necessary,

PGI may take steps as per the advice received from the medical board for termination of pregnancy.

Disposed of.