Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India - Art.2I - Personal liberty - Woman :S |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of India - Art.21 - Personal liberty - Woman :S right to make reproductive choices - Medical termination of pregnancy-Petitioner no.1 into her 27 weeks of pregnancy- Fetus diagnosed with Arnold Clwiri malformation Type 2 with meningomyelocele with tethered cord - Report of Medical Board stating that the mother physical condition was normal and there was no physical risk to the mother, due to continuation or termination of pregnancy but she was anxious about outcome of pregnancy; the fetus had severe physical anomalies which would compromise postnatal quality of life and the child would suffer severe physical and mental morbidity on survival and the baby may be born alive and may survive for variable period of time - Writ petition by petitioner . no. 1 seeking directions to the respondents to allow her to undergo medical termination of pregnancy - Held: Apparently, it was not possible for the said Medical Board to determine the period of time for which the baby was likely to survive - It also appeared from the report of Medical Board that the baby was not likely to survive like a normal baby - However, in view of the fact that there was no danger to the mother's life and the likelihood that the baby may be born alive and may survive for variable period of time, in the interests of justice it is considered inappropriate to allow the prayer of petitioner no. 1- In fact, the Medical Board itself had stated that it did not advise medical termination of pregnancy for petitioner no. 1 medical grounds - Permission to te~minate the life of the fetus, therefore, not wanted. |
Judge | N/A |
Neutral Citation | 2017 INSC 275 |
Petitioner | Sheetal Shankar Salvi And Anr. |
Respondent | Union Of India And Ors. |
SCR | [2017] 2 S.C.R. 939 |
Judgement Date | 2017-03-27 |
Case Number | 174 |
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