Read Time: 05 minutes

In an unprecedented ruling, the Calcutta High Court has allowed a 34-week pregnant woman to terminate her pregnancy via abortion due to health risks to both the mother and the child. 

The petitioner had approached the Court asking for permission to terminate her pregnancy citing a large number of complications affecting the health of the petitioner as well as the foetus which have been detected by several medical practitioners. 

In the matter the state represented by Adv. Amitesh Banerjee had submitted that while a lawful Medical Termination of Pregnancy (MTP) on the directions of the Court can be allowed for a foetus upto 25-weeks old only, the Courts have allowed MTPs in respect of foetuses up to the age of 27 to 28 weeks in deserving cases.

Last week, Justice Rajasekhar Mantha had directed the Director of IPGME&R, (SSKM Hospital), Kolkata, to constitute a medical board comprising of experts, inter alia, in gynaecology and obstetrics as per the MTP Act and to assess the medical condition of the petitioner.

The Court had ordered the Board to consider the the mental and physical health of the petitioner as well as the foetus to reach its decision. 

The Board submitted the report yesterday, according to which the baby is at serious risk of various health conditions upon being born. It further said that the likelihood of a healthy child being born out of this pregnancy is remote and even if a child is born, the chances of survival are slim.

Considering the medical report, the Court came to the conclusion that it is clear and explicit, that there are remote chances of the child being born out of the instant pregnancy surviving or leading a normal life.

The risks to the mother as well as the child are also highlighted in no uncertain terms, the Court observed.

Thus, the Court stated,

"Considering the entire gamut of facts and circumstances, this Court permits the petitioner to medically terminate her pregnancy at an authorized hospital and/or medical facility."

However, it was made clear to the the petitioners that they unequivocally acknowledge that they will not hold any medical practitioner, or any of the advocates including their own and any Court accountable for any consequences that may arise out of the procedure of medical termination of pregnancy.

Cause Title: X vs State of West Bengal