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Synopsis

The Bombay High Court has sought the Maharashtra Government's response to raise awareness about medical boards created under Section 3 of the Medical Termination of Pregnancy Act. 

The high court had recently allowed the termination of a 32-year-old woman's pregnancy when she was 26 weeks pregnant. 

The division bench of the High Court, consisting of Justice Revati Mohite Dere and Justice Gauri Godse, permitted the termination based on the medical board's assessment that the woman was physically and mentally suitable for the procedure.

The termination of the pregnancy was accordingly carried out. The bench was informed on 30th August that the child was not born alive. 

On the same day, Advocate Anubha Rastogi, along with Advocate Rachita Padwal, representing the petitioner, informed the bench that medical boards had not been established in the State of Maharashtra. Even if they exist, people are not aware of them.

Advocate Anubha Rastogi has put forward the following suggestions for raising awareness about the medical board:

• Sharing Medical Board lists and contact information with Government and District Hospitals, as well as National Health Mission health services. Also, making these details accessible to primary and secondary healthcare centers.
• Providing the list of Medical Boards to the Federation of Obstetrics and Gynaecologists (FOGSI) Maharashtra chapter so that the existence of the Medical Boards is known to the private doctors who may come across patients requiring the opinion of the medical board on the aspect of the termination of a pregnancy as per law.
• Providing the list of Medical Boards to the radiologists/sonologists association for dissemination amongst their members since these are the professionals who detect the anomaly during the check-up. They can inform the pregnant woman/her family about the existence of the Boards and how to access them 
• Use of the Government of India information poster which is attached for community awareness which can be translated into Marathi and other local languages. 
• Information to the health officials/ administrators for monitoring the approvals and termination procedures at appropriate levels of facilities. 
• Ensure inclusion of the list of the Medical Boards in IEC tools of organisations/NGOs working at the grassroots on Reproductive Health issues.
• Ensure inclusion in the material and information to be disseminated to district and sub-district level functionaries of the government having a direct interface with beneficiaries and their families. 
• Ensure that the information is also available with the ANMs and Ashas who are otherwise mandated to provide information and material pertaining to contraception, immunization and vaccination amongst other tasks. 

The high court will now take up the matter on 7th November 2023.

Case title: XYZ vs State of Maharashtra