HC allows medical termination of pregnancy of a sexual assault victim

MP | 23 Aug 2023 | Kolkata: Wishing the best to the minor child, the Calcutta High Court permitted the medical termination of pregnancy of a sexual assault victim, which had exceeded the 24-week statutory limit. 

The writ petition was filed by the father of an 11-year-old girl studying in Class V, who according to a court order was sexually assaulted. The father of the minor had sought medical termination of the unwanted and unwarranted pregnancy, given the trauma which would be suffered by the minor in the circumstances, if the birth of the child goes through. 

A single bench of Calcutta High Court Justice Sabyasachi Bhattacharyya had earlier ordered the formation of a medical board within 24 hours and conduct a necessary examination of an 11-year-old sexual assault victim within 48 hours thereafter for ascertaining the pros and cons of medical termination of her pregnancy. 

The report stated: “Considering the circumstances and the physical and mental conditions of the patient, the board members have arrived at a decision that pregnancy should be terminated, but for the safety of the patient and to mitigate any complication, it should preferably be done at a higher centre.” 

Justice Bhattacharyya 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. 

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.” 

https://www.millenniumpost.in/bengal/hc-allows-medical-termination-of-pregnancy-of-a-sexual-assault-victim-530223