HC clears doctor of violating court order in rape survivor’s abortion case

Since the doctor did the right thing in seeking to alleviate the pain of the patient, that is, the petitioner, I do not find that any contemptuous act or deliberate violation of the order or dignity of the court has been done by the concerned doctors

MP, 9 Feb 2024, Kolkata: The Calcutta High Court on Friday observed to not have found any contemptuous act or deliberate violation of the court’s order by the government doctors who conducted the procedure of medical termination of a rape survivor’s pregnancy despite the court only asking for a report on the pros and cons of the procedure. 

“Keeping in view the humanitarian aspect of the matter and since the doctor did the right thing in seeking to alleviate the pain of the patient, that is, the petitioner, I do not find that any contemptuous act or deliberate violation of the order or dignity of the court has been done by the concerned doctors,” Justice Sabyasachi Bhattacharyya observed. 

The doctor who was in charge of the checkup filed a report, which stated that the doctor was compelled to carry out the medical termination process immediately as the survivor was suffering tremendous pain — labour pain and severe bleeding. 

The Single Bench absolved the involved doctors of all liability for not having strictly abided by the court’s order and the writ petition was disposed of. 

On January 29, the Single Judge had ordered for the formation of at least two-member medical board to examine the survivor. 

The 27-year-old survivor had approached the court seeking termination since the conception due to the heinous crime has left a trauma both physically and mentally. 

According to the Medical Termination of Pregnancy Act, 1971, if a pregnancy is between 20 to 24 weeks, it can be terminated under certain conditions, the yardstick being that there must be some risk to the life of the mother or grave injury to the health of the person concerned, either physically or mentally. 

It was argued that the petitioner suffers from grave injury, particularly mental. 

However, the state counsel pointed out that since the incident took place on July 20, 2023, the pregnancy may be more advanced than pleaded. Justice Bhattacharyya directed a medical board to ascertain the pros and cons of medical termination in the case. 

https://www.millenniumpost.in/bengal/hc-clears-doctor-of-violating-court-order-in-rape-survivors-abortion-case-551499