Times of India 

17th January 2019

HC may set up fund for poor children with special needs - Times of India 

Bombay high court may consider setting up a special fund after senior
advocate Amit Desai on Wednesday proposed a kitty for maintenance of
children born with health issues in poor families. The impromptu suggestion
from the advocate, who has represented high profile clients including
Bollywood actor Salman Khan, was that instead of asking litigants to deposit
fine amounts with private hospitals or charities, the money could be used to
create the special fund in government hospitals. A division bench of
justices Bhushan Dharmadhikari and Revati  Dhere said it was a "good idea"
and asked the state to submit a list of government hospitals. Desai, who was
in court for another matter, was witness to a case related to an application
filed by a 19-year-old married woman seeking medical termination of her
23-week pregnancy. The foetus was found to have a neurological problem and
the couple said they wanted to abort it as they were poor and would not be
able to look after the child. The medical report indicated there was a
chance the foetus could survive the medical termination procedure. The court
then asked the parents if they would look after the child if it was born, to
which they finally agreed. Following the hearing, Desai proposed the special
fund. "In many matters, the court imposes legal costs which are directed to
be deposited with private hospitals or charities or the legal aid
department. The HC could, instead, direct a special fund be set up that
government hospitals can have access too. This fund could be used to
maintain children born with health complications," he suggested.

 



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