The Single Judge Bench of the Calcutta High Court, comprising Justice Rajashekhar Mantha in the case of Rupa Das vs. The State of West Bengal & Ors has permitted a 17 year old rape minor victim to undergo medical termination of pregnancy, under the care and guidance of her mother.

Reasoning and Decision of the Court

The Court made a perusal of the report submitted by Child Welfare Committee (CWC) in which the victim girl wishes to undergo medical termination of pregnancy and also wishes to stay with her mother. The veracity of the desire of the minor girl has been confirmed by six officials including the Chairperson of the Child Welfare Committee, Nadia.

Making reliance on the report of CWC report, the Court expounded that “in that view of the matter, subject to the verification of her health, afresh by the required number of qualified medical practitioners, the minor girl shall be permitted to undergo medical termination of pregnancy, under the care and guidance of her mother”.

Therefore, the Court disposed of the writ petition without imposing any cost on it and instructed registry to made available a copy of such report to the counsel for the petitioner.

Case Details

Case: - WPA 4006 of 2022

Petitioner: - Rupa Das

Respondent: - The State of West Bengal & Ors.

Judge: Justice Rajashekhar Mantha

Picture Source :

 
Vishal Gupta