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2020 DIGILAW 729 (BOM)

Siddhi Vishwanath Shelar v. State of Maharashtra

2020-05-29

N.R.BORKAR, NITIN JAMDAR

body2020
P.C. 1. The Petitioner, 23 years old, has sought medical termination of her pregnancy now of 24 weeks. According to the Petitioner, the Petitioner had consensual physical relations with a boy from the same city and they have separated ways. According to her, she detected that she is pregnant first time on 20 May 2020, when she was 23 weeks and four days pregnant. She states that being an unmarried single woman is a social stigma and she cannot carry on the pregnancy and raise the child. 2. The learned counsel for the Petitioner states that he will place on record compilation of decisions to substantiate his contention that even such factual situation contemplated under the Medical Termination of Pregnancy Act, 1971 and necessary direction can be issued. At the request of the Petitioner, the petition is adjourned to 2 June 2020. 3. We accede to the request of the Petitioner that, to save further time, the Petitioner be examined by the medical board. The learned counsel for the Petitioner and the learned AGP state that the Board which can examine the Petitioner in the light of section 3 of the Act of 1971 is available at Ratnagiri where the Petitioner resides. 4. We direct that a medical board be constituted at the Civil Hospital, Ratnagiri consisting of doctors qualified and suitable to give opinion as envisaged under section 3 of the Act of 1971. The Petitioner will appear before the said Board on 30 May 2020 at 4.00 p.m. The Board will examine the Petitioner and submit its report to the Court by way of email by 1 June 2020. 5. We know we have framed a stringent timetable, but because it is warranted in view of the advanced pregnancy of the Petitioner. We, request the concerned doctors to examine the Petitioner and send an opinion as envisaged under section 3 of the Act by the next date. 6. Place the petition on board on 2 June 2020. 7. This order will be digitally signed by the Personal Assistant/Private Secretary of this Court. All concerned to act on production by fax or email of a digitally signed copy of this order.