Calcutta HC Seeks Explanation From Doctors For Termination Of Pregnancy Done In 'Hot Haste' While Court Was Seized Of Matter
The Calcutta High Court directed the doctors involved in the hasty termination of a pregnancy while the Court was seized of the case and it had only ordered for constitution of a Medical Board to report on whether termination of pregnancy of the petitioner should be allowed..
However, the Court was told that the termination had already been carried out.
The Bench of Justice Sabyasachi Bhattacharyya observed, “an explanation is required to be given by the concerned doctors who carried out the procedure as to why the termination was carried out in such hot haste without there being any direction of the court, indicating further if there was any particular cause of such urgency”.
Advocate Goutam dey appeared for the Petitioner and Advocate Sirsanya Bandopadhyay appeared for the State.
A woman had approached the High Court seeking termination of her pregnancy. The Court had ordered a Medical Board on January 29, 2024, to assess the pros and cons of the petitioner's pregnancy termination. However, a report revealed that the pregnancy had already been terminated.
The Court noted the doctors' actions as prima facie over-action since there was no court authorization for the medical termination of pregnancy, only a request for a report on its pros and cons.
The Court directed the doctors involved in the procedure regarding the urgent termination of pregnancy without court direction to file an explanation. The State was instructed to ensure the doctors submit a detailed report on the matter.
Accordingly, the Court listed the matter for February 9, 2024.
Cause Title: X v The State of West Bengal and others
