Calcutta HC Closes Contempt Case Against Doctors Who Terminated Pregnancy Without Court's Orders Upon Being Told Patient Went Into Pre-Term Labour

The Calcutta High Court has closed a contempt case against a group of government doctors who medically terminated the pregnancy of a minor rape survivor, without the leave of the Court, and only after the Court had asked for the formation of a medical board to ascertain the feasibility of termination of pregnancy.

A single bench of Justice Sabyasachi Bhattacharya had called for an explanation from the doctors detailing why they needed to carry out the termination of pregnancy with such 'hot-haste'.

On this occasion, upon being told that the pregnancy had to be terminated on an emergency basis due to the patient suffering from labour pain, and bleeding, the Court noted:

In view of the tremendous pain being suffered by the petitioner at the relevant juncture, who was having labour pain and severe bleeding, the doctor was compelled in order to give relief to the patient, to terminate the pregnancy immediately. In view of the humanitarian aspect of the matter and since the doctor did the right thing in seeking to alleviate the pain of the patient, I do not find any contemptuous act has taken place.

The Court further noted that since the medical termination process had been carried out, and the patient had been released, the purpose of the writ petition had been served.

Thus recording the report and absolving the doctors of liability, the plea was disposed of. 

Citation: 2024 LiveLaw (Cal) 41

Case: X vs State of West Bengal

Case No: WPA 2059 of 2024