Supreme Court: Following the Order of the Division Bench comprising of A.R. Dave and Kurian Joseph, JJ., whereby the petitioner’s 14 year old daughter was directed to undergo a medical examination by a team of gynecologists to ascertain that whether she is fit to abort her foetus, the panel on 30.07.2015 unanimously decided that terminating the pregnancy is necessary to preserve the physical and mental health of the girl.
As per the facts of the present case the Court had ordered that the petitioner’s daughter is to be examined by three senior most available Gynecologists of the Civil Hospital, Ahmedabad along with Dr. Riddhi Ketan Shukla who had examined the patient earlier. The Court further directed that this Order shall be intimated to the Medical Superintendent of the Civil Hospital and Dr. Riddhi Ketan Shukla. The Court stated that if the team of doctors deemed that the abortion is an immediate necessity to save the life of the patient and, if the patient and petitioner agree to the same, then the concerned doctor shall perform the surgery. In case of non-unanimity of opinion between the doctors, the majority view shall prevail. Additionally, the hospital authorities were directed to make the required arrangements for the examination of the patient. Chandrakant Jayantilal Suthar v. State of Gujarat, 2015 SCC OnLine SC 668, decided on 28.07.15
