On the ground that termination of pregnancy could lead to death of the mother, who is a minor of age 12 years only, the Calcutta High Court denied to grant relief of medical termination of pregnancy. The mother of the minor filed a writ petition pleading for termination of her daughter’s pregnancy. An FIR was registered by the mother of the 12 year old on 9th of march 2023, it alleged the offence of rape and sexual assault under section 6 [ punishment for aggravated penetrative sexual assault] of POCSO Act, 2012 at the police station of Bagdogra. The victim was admitted in North Bengal Medical College and Hospital, Siliguri on 13th of march 2023 and is still there. She was examined and it was reported by Zonal Medical Board, North Bengal Medical College, that the minor girl was carrying twin live fetuses. It was noted by the medical board that the age of the twin fetuses were 25weeks and 25week one day respectively on 20th of march 2023. In accordance to the order by the High Court on April 4th, 2023, a report in form of an affidavit affirmed on April 5th, 2023 by the Zonal Medical Board stated that since the babies achieved the period of viability and not associated with any congenital malformation and any pregnancy related complication expect the young age that is 12 years, concludes that the termination of pregnancy stands invalid under MTP act 2021. The termination could only be performed on the orders of the Honorable Court; however it was also stated that the termination of this pregnancy carried an immense risk of haemorrage, infection, sepsis, surgery, anaesthetic risks and even maternal death. Additionally delivery of live babies is possible, that may require resuscitation, for which the court’s orders were essential. This report was created by the board consisting of doctors who are experts in their field of work. The Court not being an expert has to depend on the reports and proceed accordingly. The Court believed that the whole existence of the mother (minor) cannot be compromised due to giving birth to an unwanted pregnancy, Article 21 as well as Article 12 of the constitution were also acknowledged however keeping in mind the report furnished by the Zonal Medical Board dated April 4th 2023 that quoted a critical factor regarding the risks related to the termination of the pregnancy, so much so that it could result in the death of the mother. At this point minor girl’s life was the utmost priority for the court, if she was to lose her life to this unwilling pregnancy then whose life, liberty and dignity is to be protected as guaranteed under Article 21 of the constitution. Hence for these reasons court denied to grant any relief for the termination of the pregnancy of the 12 year old. It was also notified to the Medical Board, under whose supervision the girl is admitted currently to take necessary steps to ensure providing proper assistance to the minor and the fetuses without any negligence. The Court also stated that if the family of the minor is incapable of nurturing the twins, then they can approach and apply to the jurisdictional District Magistrate for the adoption and foster care of the children. Thereafter the concerned authority (under juvenile justice act of 2015) would take reasonable steps in well being of the twins in accordance to law without any carelessness. The police authority of Bagdogra, were informed to take necessary steps for the conclusion of the criminal trial. With this the writ petition was disposed.
NAME: Pranjal jha, COLLEGE: Amity Law School, Noida, SEMESTER: 2ND
0 Comments