The vacation bench of Justice Abhay Manohar Sapre and Justice Sanjay Kishan Kaul directed for hearing on the plea on July 3 after perusing the report of the medical board that examined the expectant mother on June 27.
Directing that the matter be listed on July 3 before an “appropriate bench”, the vacation bench asked the lawyer for West Bengal government to give the copy of the report to the petitioner-mother and others “to enable them to pursue and seek appropriate instructions in the matter”.
Directing that the report of the medical board be kept in a sealed cover, the bench said that those getting the copy of the report would guard its privacy. The medical board comprised of doctors from Kolkata’s Institute of Post Graduate Medical Education & Research (SSKM Hospital).
The parents have moved the top court seeking permission to abort the pregnancy on the grounds that foetus suffers from such abnormalities which could endanger the health of the mother.
The seven-member medical board had examined the expectant mother in pursuance to June 23 order of the apex court.
The court then set up the panel of doctors to examine and ascertain the medical condition of the expectant mother who sought termination of her then 24-week pregnancy.
The parents have also challenged the constitutional validity of Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, that prohibits termination of pregnancy beyond 20 weeks.
They have contended that restriction could have been reasonable in 1971 when the law was enacted, but today with technological advancement, it was perfectly safe to undergo medical termination of pregnancy even up to 26 weeks.
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