Kolkata: The Calcutta High Court on Thursday ordered the formation of a medical board within 24 hours and will hold a necessary examination of an 11-year-old sexual assault victim within 48 hours thereafter for ascertaining the pros and cons of medical termination of her pregnancy.
The writ petition was filed by the father of an 11-year-old girl studying in Class V, who according to a court order was sexually assaulted. The minor is pregnant for about 25 weeks and six days.
The father of the minor had sought medical termination of the unwanted and unwarranted pregnancy, in view of the trauma which would be suffered by the minor in the circumstances, if the birth of the child goes through.
A single bench of Calcutta High Court Justice Sabyasachi Bhattacharyya, ordered: “Accordingly, the respondent nos. 7 and 8 are directed to constitute a Medical Board within the contemplation of Section 3(2D) of the Medical Termination of Pregnancy Act, 1971, consisting of a gynaecologist, a paediatrician, a radiologist or sonologist and such other number of members as notified in the Official Gazette by the State Government, if and as applicable. Such Medical Board shall be formed within 24 hours from now and shall hold the necessary examination of the minor victim girl within 48 hours thereafter for ascertaining the pros and cons of medical termination of her pregnancy.” The medical report will have to be filed on August 21.
Justice Bhattacharyya further stated: “Thus, the facts of the present case leave no manner of doubt that law should be relaxed to the utmost to accommodate yet another minor daughter of ours, an unfortunate victim of social apathy, who should at least be given a new lease of life by being permitted to have medical termination of her in-the-circumstances unfortunate pregnancy.”