'Prima Facie Over-Action': Calcutta HC Seeks Explanation From Doctors Who Terminated Pregnancy When Court Merely Directed Formation Of Medical Board

The Calcutta High Court has called for an explanation from a group of doctors who medically terminated the minor petitioner's pregnancy when the Court had only directed the formation of a Medical Board to ascertain the pros & cons of terminating the pregnancy.

A single bench of Justice Sabyasachi Bhattacharya held:

 Such action on the part of the concerned doctors transpires prima facie to be an over-action, since the court had not permitted, in terms of the concerned statute, that the medical termination of pregnancy be carried out but had merely sought for a report regarding its pros and cons. Hence, an explanation is required to be given by the concerned doctors who carried out the procedure as to why the termination was carried out in such hot haste without there being any direction of the court, indicating further if there was any particular cause of such urgency.

On an earlier occasion, the minor rape survivor had made a plea before the Court to allow medical termination of her pregnancy, and the court had directed the formation of a medical board and called for a report stating the pros and cons of terminating the pregnancy.

The Court found that the actions of the doctors in terminating the pregnancy without an order of the Court were a prima facie over-action and asked the doctors to explain why the termination was carried out in such 'hot-haste', without there being any orders of court or any urgent medical need.

The State was directed to ensure that such a report was authored by the doctors who conducted the procedure and filed through the State counsel.

The next hearing has been scheduled for February 9th, 2024.