
'Every Passing Hour Critical': Calcutta HC Allows 16-Yr Old Rape Survivor On Life Support To Medically Terminate 23 Weeks Pregnancy
Live LawThe Calcutta High Court on Tuesday allowed a 16 year old rape survivor on life support to medically terminate her foetus of over 23 weeks to ensure her physical well-being. The medical report stipulated that the petitioner is 23 weeks and 2 days pregnant and that her life would be at risk if there is any further delay in the termination of her pregnancy. The Court also took into consideration that the FIR states that the petitioner is a victim of rape which has caused the pregnancy and that the medical report submitted by a team of 5 doctors of the Medica Hospitals highlight the precarious physical condition of the petitioner. Thus, allowing the plea for medical termination of the pregnancy, the Court ruled, “.where every passing hour is critical for the petitioner’s life, begs the question whether further time should be lost before the pregnancy is terminated.The urgency of the medical intervention by way of termination of the pregnancy of the petitioner has sufficiently been impressed upon the court and this court is of the view that there is an immediate need to allow the termination of the pregnancy as prayed for by all the parties.” Thus, the concerned Hospital was ordered to carry out medical termination of the pregnancy of the petitioner as expeditiously as possible keeping in mind the statutory mandate under sections 3 and 5 of the Act and the Rules framed thereunder, as amended by the Medical Termination of Pregnancy Amendment Rules, 2021.
History of this topic

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