Calcutta HC Allows Termination Of 25 Week Pregnancy Of 11-Year-Old Gang Rape Survivor
The Calcutta High Court allowed the termination of a pregnancy exceedings 24 weeks of an 11-year-old gang rape survivor under the Medical Termination of Pregnancy Act, 1971 (Act, 1971) considering her mental and physical health conditions.
The Writ Petition was filed by the father of the gang rape survivor.
The Bench of Justice Sabyasachi Bhattacharyya observed, “A team of Doctors shall carry out the procedure of medical termination of such pregnancy of the survivor at the earliest at the SSKM Hospital, taking due care of all formalities as envisaged in law on such aspect of the matter, irrespective of the fact that the statutory period of 24 weeks of pregnancy has been exceeded”.
Advocate Pratik Dhar appeared for the Petitioners and Advocate Sk. Md. Galib appeared for the Respondents.
The father of the minor, on her behalf, sought medical termination of the unwanted and unwarranted pregnancy, in view of the trauma which would be suffered by the minor in the circumstances, if the birth of the child goes through.
The Court in its previous order directed Respondents no.7 and 8 to constitute a Medical Board within the contemplation of Section 3(2D) of the Act, 1971, consisting of a gynecologist, a pediatrician, a radiologist or oncologist and such other number of members as notified in the Official Gazette by the State Government, if and as applicable.
The Medical Board recommended that the patient's pregnancy be terminated at SSKM Hospital in Kolkata due to her physical and mental condition. The report was filed by respondents 7 and 8. The Court asked respondents 7 and 8, through counsel, which hospital would be suitable for the procedure, and they recommended SSKM Hospital.
The Court directed Respondents no. 7 and 8 to ensure that the victim is brought to the SSKM Hospital at Kolkata for her procedure and such procedure should be carried out at the earliest. The Court allowed the procedure irrespective of the fact that 24 weeks period was exceeded.
The Court observed, “Since an extremely fair stand has been taken by the respondent nos. 7 and 8, the respondent nos. 7 and 8 are directed to ensure that the survivor, whose pregnancy is to be terminated medically, is brought to the SSKM Hospital at Kolkata, taking due care that the said survivor is attended to medically during such transit”.
Accordingly, the Court disposed of the Petition.
Cause Title: Sri X v The State of West Bengal and others
