calcutta high court

Calcutta High Court: In a case revolving around the medical termination of minor gang-rape survivor’s pregnancy due to the patient’s condition, a single-judge bench comprising of Sabyasachi Bhattacharyya,* J., directed the termination of pregnancy after considering the report filed by the medical board suggesting the same, irrespective of the fact that the statutory 24-week pregnancy period has been exceeded.

In a case related to termination of pregnancy beyond statutory 24-week pregnancy period of the petitioner, the medical board submitted a report dated 18-08-2023, suggesting the termination of pregnancy, after considering the patient’s circumstances, both physical and mental. However, for the safety of the patient and to mitigate potential complications, the Board suggested that the procedure should preferably take place in a higher-level medical facility than the current Tamralipto Govt Medical College & Hospital.

The Court inquired about a suitable hospital for the medical termination procedure, and respondent nos. 7 and 8 suggested the SSKM Hospital in Kolkata. The Court directed the respondent nos. 7 and 8 to ensure that the patient is safely transported to the SSKM Hospital in Kolkata for the procedure and emphasised on medical care during the transit.

The Court directed a team of doctors to perform the medical termination procedure at the SSKM Hospital, irrespective of the fact that the statutory 24-week pregnancy period has been exceeded. The Court also directed respondent no. 3 to ensure the proper execution of the Court’s order in a timely manner.

The Court commended the cooperation and goodwill from all parties, including legal counsel, Calcutta Legal Services Authority, doctors, and institutions, for their efforts to provide appropriate medical care and attention to the minor survivor.

[X v. State of W.B., 2023 SCC OnLine Cal 2435, order dated 21-08-2023]

*Judgment by Justice Sabyasachi Bhattacharyya

Mr. Pratik Dhar, Mr. Chittapriya Ghosh, Ms. Priyanka Saha, Counsel for the Petitioner

Mr. Sk. Md. Galib, Ms. Tanwishree Mukherje, Counsel for the Respondent/State

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