Kolkata Doctors land in soup for performing MTP on rape survivor without court order
Calcutta High Court
Kolkata: The Calcutta High Court has sought an explanation from a team of doctors, who performed the medical termination of pregnancy (MTP) of a 23 weeks pregnant rape survivor when the Court had only directed to form a medical board to ascertain the pros and cons of performing the abortion.
Submitting a report, the West Bengal Government informed the court that the pregnancy had already been terminated. Taking note of this, the HC bench comprising Justice Sabyasachi Bhattacharyya opined on Friday that such an action on the part of the concerned doctors was an over-action, as the court had not permitted the medical termination of pregnancy, but had only sought a report regarding its pros and cons. The court had directed that the petitioner be examined at the state-run MR Bangur Hospital.
At this outset, the HC bench observed, "Such action on the part of the concerned doctors transpires prima facie to be an over-action, since the court had not permitted, in terms of the concerned statute, that the medical termination of pregnancy be carried out but had merely sought for a report regarding its pros and cons. Hence, an explanation is required to be given by the concerned doctors who carried out the procedure as to why the termination was carried out in such hot haste without there being any direction of the court, indication further if there was any particular cause of such urgency."
Justice Bhattacharyya ordered the concerned doctors who carried out the procedure to explain as to why the termination was carried out "in such hot haste" without there being any direction of the court to do so. The court has directed that the report, to be filed before it on February 9, must state if there was any particular cause of such urgency.
The HC bench comprising Justice Bhattacharyya had, on January 29, directed the West Bengal government to form a medical board to examine the condition of the rape survivor who wanted to terminate her pregnancy caused by the incident and file a report before the court on February 2, adds PTI.
It was submitted by the petitioner's counsel that she was suffering grave mental trauma and, as such, the court may permit the medical termination of the pregnancy which was stated to be between 20 to 24 weeks.
The counsel for the state, while not opposing the prayer, had submitted that, as per the petition, the unfortunate incident of rape took place on July 28, 2023, and as such, the pregnancy may be more advanced than pleaded.
Maintaining that the court was not an expert in the field, Justice Bhattacharyya had said that a medical board is required to be constituted to ascertain the pros and cons of medical termination of the pregnancy of the petitioner.
He had directed that the medical board would comprise at least two members, both of whom must be well-established medical practitioners in their respective fields and one of them must be from the field of gynaecology and the other from the field of paediatrics.
Taking note of the fact that the doctors performed the procedure without an order from the HC bench in this regard, the Court observed that such an action on the part of the concerned doctors transpires "prima facie to be an over-action, since the court had not permitted," adds Millennium Post. Seeking an explanation from the doctors, the bench further observed, "Hence, an explanation is required to be given by the concerned doctors who carried out the procedure as to why the termination was carried out in such hot haste without there being any direction of the court, indication further if there was any particular cause of such urgency."
The State was asked to submit the report, which is authored by the concerned doctors who performed medical termination of pregnancy. The matter has been listed for further hearing on February 9, 2024.
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