High CourtDivision BenchWrit petition dismissed

Sheetal Shankar Salvi and Anr. v. Union of India and Ors.

Case / Petition Number:Writ Petition (Civil) No. 174 of 2017
Neutral Citation:[2017] 2 S.C.R. 939

Case Details & Bench

Court
High Court
Hon'ble Judges
  • S. A. Bobde
  • L. Nageswara Rao
Judgment Date
2017-03-27
Court Decision / Holding
The Court declined to grant the prayer for medical termination. It held that there was no danger to the mother's life, the fetus had severe anomalies with possible, albeit uncertain, survivability, and the Medical Board did not advise termination on medical grounds. Accordingly, the writ petition was dismissed.
Final Disposition
Writ petition dismissed

Parties to the Case

Appellants / Petitioners

  • Sheetal Shankar Salvi
  • Anr.

Respondents

  • Union of India
  • Ors.

Legal Representation & Advocates

Counsels for Petitioners

  • • Sneha Mukherjee
  • • Satya Mitra

Counsels for Respondents

  • • Ranjit Kumar
  • • Sadhana Sandhu
  • • G. S. Makker
  • • Nishant R. Katneshwarker
  • • Arpit Rai

Case Synopsis & Summary

Sheetal Shankar Salvi, at 27 weeks pregnant, petitioned under Article 32 of the Constitution for directions to permit medical termination of her pregnancy. The fetus had been diagnosed with Arnold-Chiari malformation Type 2 with severe hydrocephalus, lumbosacral myelocele, and tethered cord, conditions that, according to a medical board, would severely curtail postnatal life and entail substantial physical and mental morbidity. A seven-member Medical Board reviewed the case and reported that the mother's physical condition is normal with no medical risk to continuation or termination of the pregnancy, but she is anxious about the outcome. The board observed that, if terminated at 27 weeks, the baby might be born alive and survive for a variable period, but it could not determine the exact survivability. It also stated that it did not advise termination on medical grounds. On these findings, the Court noted the absence of danger to the mother's life and the likelihood that the child would be born with substantial disability, and concluded it would be inappropriate to grant the prayer, while acknowledging that the fetus would face severe impairment. The Court emphasized that it could not direct termination in the circumstances and dismissed the writ petition. The order details the Medical Board's composition and the procedural steps taken.

Provisions of Law Cited

Article 21 of the Constitution of IndiaArticle 32 of the Constitution of India

Legal Doctrines & Maxims

  • In the interests of justice
  • Right to life and personal liberty under Article 21 (as a constitutional principle mentioned in context)

Submissions & Arguments

Contentions of Appellants / Petitioners

Applicants contended that continuing a pregnancy with a severely anomalous fetus would impose avoidable suffering on the child and mother. They rely on the right to personal liberty and privacy under Article 21 to argue reproductive autonomy in extreme circumstances, especially when the fetus has life-limiting anomalies. The Medical Board's report indicates no immediate maternal risk but does not negate the potential lifelong suffering of the child. The petitioners argued that the mother's anxiety and the probability that the baby may be born alive and survive, albeit briefly, justify termination in the interests of justice. They urged the Court to exercise its extraordinary jurisdiction under Article 32 to permit termination to prevent suffering and to respect the mother's choice. They stressed the need for compassionate and humane consideration in late gestation when prognosis is adverse. They contend that medical grounds alone may not be determinative if the anticipated quality of life is dismally poor, and the Court should weigh the constitutional rights at stake against fetal interests. The applicants ask for a remedy that aligns with medical ethics, maternal autonomy, and dignity in life, given the child's severe condition.

Contentions of Respondents

Respondents submitted that there is no danger to the mother's life, and the Medical Board did not recommend termination on medical grounds; Article 21 and the obligation to protect life require caution in depriving the unborn child of life, especially when life at birth may be possible though with disability. They argued that the Board's assessment that the fetus would suffer severe impairment does not by itself justify termination in late gestation, particularly where the baby could be viable. They contend that the State has a duty to protect life and that the Court should not create a broad precedent permitting late-term abortions where prognosis is uncertain. They also highlighted that the Board could not determine survivability; given the uncertainties, policy and judicial restraint are warranted, and the prayer for termination should be declined. The respondents emphasized the need to respect medical judgment and avoid interference in clinical decision-making absent clear risk to maternal life.

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Extracted Judgment Text

Exact text extracted from official judgment records.

[2017] 2 S.C.R. 939 ## SHEETAL SHANKAR SALVI AND ANR. A v. ## UNION OF INDIA AND ORS. _·--""-r·_ (Writ Petition (Civil) No. f74 of2017) B ## MARCH 27, 2017 [S. **A. BOBDE AND L. NAGESWARA RAO, JJ.]** _Constitution of India_ - _Art.2I_ - _Personal liberty_ - _Woman_ :S _right to make reproductive choices_ - _Medical termination of pregnancy-Petitioner no.} into her 27 weeks of pregnancy- Fetus diagnosed with Arnold Clwiri malformation Type 2 with meningo_ - _myelocele with tethered cord Report of Medical Board stating that the mother_ :S _physical condition was normal and there was no phys_ical 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 post natal 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 1ike a normal baby_ - _However, in view of the fact that there was no danger to the mothers 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. l_ - _In fact, the Medical Board itself had stated that it did not advise medical termination of pregnancy for petitioner no. l 011 medical grounds_ - _Permission to_ te~minate _the life of the fetus, ther('.fore, not wanted._ c D E G CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 174of2017. Under Article 32 or the Constitution oflndia. **H** 939 940 SUPREME COURT REPORTS [20 l 7] 2 S.C.R. A Sneha Mukherjee, Satya Mitra, Advs. for the Petitioners. Ranjit Kumar, SG, Ms. Sadhana Sandhu, G. S. Makker, Nishant R. Katneshwarker, Arpit Rai, Advs. for the Respondents. The following Order of the Court was delivered B ## **ORDER** 1. Petitioner No. I - Sheetal Shankar Salvi, has approached this Court under Article 32 of the Constitution oflndia seeking directions to the respondents to allow her to undergo medical termination of her pregnancy. c > 2. By order dated 22.3.2017, while issuing notice to the respondents, this Court gave a direction for examination of petitioner no. I by a Medical Board consisting of the following seven Doctors: I. Dr. Avinash N. Supe, Director (Medical Education & Major D Hospitals) & Dean (G&K) - Chairman 2. Dr. Shubhangi Parkar, Professor and HOD, Psychiatry, KEM Hospital 3. Dr.Amar Pazare, professor and HOD, Medicine, KEM Hosptial E 4. Dr. Indrani Hemantkumar Chincholi, Professor and HOD, Anaesthesia, KEM Hospital 5. Dr. Y.S. Nandanwar, Professor and HOD, Obstetrics, KEM Hospitals F 6. Dr. Anahita Chauhan, Professor and Unit Head, Obstetrics & Gynecology, LTMMC and LTMG Hospitals 7. Dr. Hemangini Thakkar, Addi. Professor, Radiology, KEM Hospital. · 3. Petitioner No. I is into her 27 weeks of pregnancy. This is also - G borne by the medical report dated 25.3.2017, received from the Dean & Director (ME & MH)'s Office, Seth G.S. Medical College & KEM Hospital, Pare!, Mumbai - 400012. 4. It is not in dispute that the fetus of petitioner no. I has been diagnosed with polyhydramnios with Arnold Chairi malformation Type 2 H SHEETAL SHANKAR SALVI AND ANR. v. UNION OF !NOIA AND ORS. 941. severe hydrocephalus with lumbosacral meningo myelocele and spina bifida with tethered cord. A 5. The Medical Board has submitted its report dated 25.3.2017. On perusal of the said report, we find that the said report contains the following significant features for the purposes of passing this order : B (I) The diagnosis of Arnold Chairi malformation Type 2 with meningo myelocele with tethered cord has been made on the basis ofultrasonography. (2) The mother's physical condition _is normal and there is no physical risk to the mother, due to continuation or termination of pregnancy. But she is anxious about outcome of pregnancy. C (3) The fetus has severe physical anomalies which will compromise post natal quality of life and the child will have severe physical and mental morbidity on survival. D > ( 4) If the pregnancy is terminated at 2 7 weeks, the baby may be born alive and may survive for variable period of time. 6. Apparently, it has not been possible for the aforesaid Medical Boar:! to determine the period of time for which the baby is likely to survive. It also appears from the said report that the baby is not likely to survive like a normal baby. 7. However, having regard to the fact that there is 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, we do not consider it appropriate in the interests of justi~e to direct the respondents to allow petitioner no. I to undergo medical termination of her pregnancy. In fact, the aforesaid Medical Board has itself stated that it does not advise medical termination of pregnancy for petitioner no. I on medical grounds. 8. The only other ground that appears from the observations made in the aforesaid medical report apart from the medical grounds, is that petitioner no. I is anxious about the outcome of the pregnancy. We find that the termination of pregnancy cannot be permitted due to this reason. E F G 9. In the facts and circumstances of the case, it is not possible for us to grant permission to petitioner no. I to terminate the life of the fetus. H 942 SUPREME COURT REPORTS [2017] 2 S.C.R. A 10. In view of the above, as at presently advised, we decline the prayer of the petitioners for directing the respondents to allow Petitioner No.1 to undergo medical termination of the pregnancy. 11. Hence; the writ petition is dismissed. B **Devika Gujral** **v..:rit Petition dismissed.**