Expressing dissatisfaction at the medical termination of the pregnancy of a rape survivor by a team of doctors, the Calcutta High Court sought an explanation from them. Because the court had ordered it to only form a medical board to ascertain the pros and cons of doing so. The pregnancy has already been terminated, as per the report filed by the West Bengal government.
Observing that such action on the part of the concerned doctors was an over-action, on Friday Justice Bhattacharyya said that the court had not permitted the medical termination of pregnancy but had only sought a report about its pros and cons. The HC bench ordered the concerned doctors who carried out the MTP procedure to explain why the termination was carried out "in such hot haste" without any order from the court to do so.
The petitioner's counsel had submitted before the court that she was suffering grave mental trauma, and as such, the court may permit the medical termination of the pregnancy, which was stated to be between 20 to 24 weeks. While not opposing the prayer, the counsel for the state submitted that, as per the petition, the unfortunate incident of rape took place on July 28, 2023, and the pregnancy may be more advanced than pleaded.
By taking into account that the court was not an expert in the field, Justice Bhattacharyya stated that a medical board is required to be constituted to ascertain the pros and cons of medical termination of the pregnancy of the rape victim. The Justice had directed that the medical board comprise at least two members, both of whom must be well-established medical practitioners in their respective fields, and one of them must be from the field of gynecology and the other from the field of pediatrics. The court had also directed that the petitioner be examined at the state-run M. R. Bangur Hospital.
Justice Bhattacharya directed that the report, to be filed before it on February 9, state if there was any particular cause of such urgency. Justice Bhattacharyya had on January 29 directed the West Bengal government to form a medical board to examine the condition of the rape victim, who wanted to terminate her pregnancy caused by the incident. The HC Bench was also directed to file a report before the court on February 2.
(Input from various sources)