Calcutta HC instructs Bengal govt to set up medical board to evaluate risks of rape survivor's pregnancy termination

Kolkata: The Calcutta High Court on Monday directed the West Bengal government to form a medical board to examine the condition of a rape survivor who wants to terminate her pregnancy caused by the incident.

The petitioner's lawyer submitted before the court that she is suffering from grave mental trauma and as such the court may permit the medical termination of the pregnancy which was stated to be between 20 and 24 weeks.

Justice Sabyasachi Bhattacharyya directed the state government to form a medical board to examine the condition of the 27-year-old petitioner.

The court directed the state to file a report of the medical board in this regard on February 2 before it, indicating clearly the pros and cons of the medical termination of the pregnancy of the petitioner.

The lawyers for the parties pointed out that the provisions of the Medical Termination of Pregnancy Act, 1971 provides that in the event the pregnancy is between 20-24 weeks, it can be terminated under certain conditions.

The counsel for the state, while not opposing the prayer, submitted that as per the petition, the unfortunate incident of rape took place on July 28, 2023 and as such, the pregnancy may be more advanced than pleaded.

Holding that the court is not an expert in the field, Justice Bhattacharyya said a medical board is required to be constituted to ascertain the pros and cons of medical termination of the pregnancy of the petitioner.

He directed that the medical board will comprise at least two members, both of whom must be well-established medical practitioners in their respective fields and one of them must be from the field of gynaecology and the other from the field of paediatrics.

The court directed that the medical board should be formed at the earliest and the petitioner will be examined at the state-run M R Bangur Hospital here.

Justice Bhattacharyya directed that the matter will be taken up for hearing again on February 2.