'Every Passing Hour Critical': Calcutta HC Allows 16-Yr Old Rape Survivor On Life Support To Medically Terminate 23 Weeks Pregnancy

The Calcutta High Court on Tuesday allowed a 16 year old rape survivor on life support to medically terminate her foetus of over 23 weeks to ensure her physical well-being.

The petitioner, a 16 year old girl, is a rape survivor. An FIR was lodged in the matter at the concerned police station under provisions of the POCSO Act, 2012.

Following a cardiac arrest on December 27, 2022, she was put on the ventilator until February 2, 2023 and is currently on Advanced Cardiac Life Support Protocol.

During the hearing, Justice Moushumi Bhattacharya took on record the medical report submitted by Medica Hospitals where the petitioner is currently admitted. The medical report stipulated that the petitioner is 23 weeks and 2 days pregnant and that her life would be at risk if there is any further delay in the termination of her pregnancy.

The Court noted that since the petitioner is a minor, the facts of the instant case would be governed by section 3(4)(a) of the Medical Termination of Pregnancy Act, 1971 (Act) which stipulates that no pregnancy of a woman who has not attained the age of 18 years shall be terminated except with the consent in writing of her guardian.

Accordingly, the Court took on record a letter written by the mother of the petitioner dated January 1, 2023 containing a request to the Hospital to terminate the pregnancy of her daughter within a week.

The Court also took into consideration that the FIR states that the petitioner is a victim of rape which has caused the pregnancy and that the medical report submitted by a team of 5 doctors of the Medica Hospitals highlight the precarious physical condition of the petitioner.

Thus, allowing the plea for medical termination of the pregnancy, the Court ruled,

“..where every passing hour is critical for the petitioner’s life, begs the question whether further time should be lost before the pregnancy is terminated...The urgency of the medical intervention by way of termination of the pregnancy of the petitioner has sufficiently been impressed upon the court and this court is of the view that there is an immediate need to allow the termination of the pregnancy as prayed for by all the parties.”

Thus, the concerned Hospital was ordered to carry out medical termination of the pregnancy of the petitioner as expeditiously as possible keeping in mind the statutory mandate under sections 3(2)(b) and 5(1) of the Act and the Rules framed thereunder, as amended by the Medical Termination of Pregnancy Amendment Rules, 2021. 

“The medical intervention shall be done by registered medical practitioners and the respondent no.2 shall take effective and expedient steps to preserve the life, health and physical well-being of the petitioner, represented through her mother, AK”, the Court added.

Case Title: ‘X’ (since minor through her mother AK) v. State of West Bengal and others

Case Citation: 2023 LiveLaw (Cal) 34