Cal HC directs formation of two-member medical board within 48 hours

KOLKATA: The Calcutta High Court on Monday directed formation of at least two member medical board within 48 hours to examine a rape victim who sought for medical termination of the pregnancy. The matter will be heard on February 2.

The 27-year-old survivor approached the court seeking termination since the conception due to the heinous crime has left a trauma both physically and mentally. According to the Medical Termination of Pregnancy Act, 1971, if a pregnancy is between 20 to 24 weeks, the provisions of section 3 and section 4 of the said Act applies and the pregnancy can be terminated under certain conditions, the yardstick being that their must be some risk to the life of the mother or grave injury to the health of the person concerned, either physically or mentally.

It was argued that the petitioner suffers from grave injury, particularly mental. However, the state counsel pointed out that since the incident took place on July 20, 2023, the pregnancy may be more advanced than pleaded.

Justice Sabyasachi Bhattacharyya directed that since the court is not an expert in the field, a medical board is required to ascertain the pros and cons of medical termination in the case.

Hence, Justice Bhattacharyya directed that a medical board composed of at least two members be formed within 48 hours and the petitioner is examined at MR Bangur Hospital.