Termination of pregnancy allowed mhc JUSTICE K.RAVICHANDRABAABU W.P.No.9992 of 2020

  • [8/1, 17:02] Sekarreporter 1: W.P.No.9992 of 2020
    IN THE HIGH COURT OF JUDICATURE AT MADRAS
    DATED: 29.07.2020
    CORAM
    THE HON’BLE MR. JUSTICE K.RAVICHANDRABAABU
    W.P.No.9992 of 2020
    and
    W.M.P.No.12144 of 2020
    S.Sachin Narayan
    S/o.J.Satyanarayana
    D14/1, 2nd Main Road
    VV Mohalla, Mysore
    Karnataka – 570 002. …Petitioner
    Vs.
    1. The State of Tamil Nadu
    Rep. by its Secretary
    Health and Family Welfare Department
    Fort St.George,
    Chennai-600 009.
    2. Royal Care Super Specialty Hospital Ltd.,
    Rep. by its Managing Director
    1/520, Neelambur
    Sulur Taluk
    Coimbatore – 641 062. …Respondents
    Writ Petition filed under Article 226 of the Constitution of India
    praying to issue a Writ of Mandamus, directing the respondents to
    terminate the pregnancy of the petitioner’s wife namely, S.S.Sreenidhi at
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    [8/1, 17:02] Sekarreporter 1: W.P.No.9992 of 2020
    the 2nd respondent hospital.
    For Petitioner : Mr.A.V.Radhakrishnan
    For Respondents : Mr.K.Govindasamy,
    Special Government Pleader for R1
    O R D E R
    This matter is taken up for hearing through Video Conferencing
    mode.
    2. Mr.K.Govindasamy, learned Special Government Pleader takes
    notice for the 1st respondent. In view of the urgency involved in this writ
    petition, notice to the 2nd respondent is dispensed with.
    3. The petitioner seeks for a Mandamus to direct the respondents to
    terminate the pregnancy of the petitioner’s wife namely, S.S.Sreenidhi at
    the 2nd respondent hospital.
    4. The case of the petitioner is as follows:
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    [8/1, 17:02] Sekarreporter 1: W.P.No.9992 of 2020
    that going by the facts and circumstances, the opinion of the Neuro
    Surgeon is to be first obtained and thereafter, the Medical Pregnanacy
    Termination Committee have to examine the petitioner’s wife and if they
    are satisfied that termination of pregnancy is to be done, the same can be
    done by the 2nd respondent Hospital which is having approval under the
    provisions of Medical Termination of Pregnancy Rules, 2003.
    9. In this case, the Consultant Neurologist has already certified
    that medical termination of pregnancy is to be done. Therefore,
    considering the urgency involved in this matter and taking note of the
    fact that the petitioner’s wife is in a very serious condition, the following
    order is passed in this Writ Petition.
    (a) The Medical Pregnancy Termination Committee, Coimbatore
    Government Medical College and Hospital, shall examine the petitioner’s
    wife by tomorrow (30.07.2020)
    (b) If the said Committee is satisfied that pregnancy has to be
    terminated, based on the opinion given by the Consultant Neurologist
    dated 25.07.2020, then the 2nd respondent Hospital shall perform the
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