12-Yr-Old Girl Denied Permission To Terminate 25 Weeks Old Twin-Fetuses, Calcutta High Court Relies On Medical Report Citing Risk Of Maternal Death
Live Law“ However, in the light of the said report furnished by the Medical Board dated April 4, 2023 as quoted above, one crucial factor is there, of which this Court cannot be unmindful, that the termination of pregnancy at this stage of gestation may carry a risk even to the extent of maternal death. ” The Calcutta High Court on Wednesday denied to grant relief of medical termination of pregnancy to a 12 years old minor girl, claiming to be a victim of rape and sexual assault, on the ground that termination of pregnancy involved a risk to the extent of maternal death. The Court observed: “This Court needs to ponder at this stage as to whether continuance of such unwilling pregnancy would involve a risk of causing grave injury to the mental health of the minor girl and whether the constitutional safeguard for protection of life can be extended to her, if so, to what extent.” The court further observed that constitutional protection of life and liberty including to lead a life without any phobia, fear, trauma and with dignity had been statutorily recognized and are embedded within the Medical Termination of Pregnancy Act, 1971. Just by giving birth out of an unwilling pregnancy rest of the life of the mother cannot be in a compromised existence.” It was further averred by the court that if ultimately, the minor girl has to sacrifice her life in the event of termination of her unwilling pregnancy at this advanced stage then whose personal life, liberty and dignity shall be protected as guaranteed under Article 21 of the Constitution.