Calcutta High Court Allows 17 Yr Old Rape Victim To Undergo Medical Termination Of Pregnancy

The Calcutta High Court on Wednesday permitted a 17 year old rape victim to undergo medical termination of pregnancy after taking into consideration the report filed by the Child Welfare Committee (CWC) and the report of the concerned Medical Board. 

Justice Rajasekhar Mantha took on record the report filed by the CWC addressed to the concerned  Public Prosecutor, West Bengal wherein it had been averred that the minor victim girl had expressed her desire to undergo medical termination of pregnancy. The veracity of the desire of the minor girl had also been confirmed by six officials including the Chairperson of the Child Welfare Committee, Nadia.

The Court also took on record the communication of the Superintendent cum Manager, Children Home for Girls, Nadia dated April 13, 2022, addressed to the Chairperson, Child Welfare Committee, Krishnanagar, Nadia. 

Permitting the minor victim to undergo medical termination of pregnancy, the Court directed, 

"In that view of the matter, subject to the verification of her health, afresh by the required number of qualified medical practitioners, the minor girl shall be permitted to undergo medical termination of pregnancy, under the care and guidance of her mother."

The Court had previously directed the Chief Medical Officer of Health (CMOH), Nadia to constitute a medical board to ascertain the physical and mental condition of the victim girl and also determine whether the continuation of pregnancy would in any way harm the victim or the foetus.

The instant writ petition had been filed by the mother of the minor victim seeking medical termination of her daughter's pregnancy on the ground that her daughter should not carry the stigma of premarital pregnancy for the rest of her life.

A complaint had been lodged against the alleged perpetrators for the offences of kidnapping and rape under various provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO Act). The victim had been subsequently recovered pursuant to a writ of habeas corpus issued by the Court.

Case Title: Rupa Das v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 148

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