The single judge bench of Justice Aniruddha Roy of the Calcutta High Court in the case of Y Vs State of West Bengal & Ors denied permission to a 12- year old minor rape victim to terminate her 25-week-old twin foetuses on the ground that it can lead to maternal death.
It was observed that if ultimately, the minor girl has to sacrifice her life in the event of termination of her unwilling pregnancy at this advanced stage, then the question automatically comes to the mind of this Court whose personal life, liberty, and dignity shall be protected as guaranteed under Article 21 of the Constitution.
Brief facts:
The present writ petition is filed before this Hon’ble court by the mother of the minor rape and sexual assault victim to seek permission for the termination of her 25-week-old twin- fetuses.
Observations of the court:
The Hon’ble Court observed that this Court needs to consider at this point whether continuing such an unintended pregnancy would constitute a danger of seriously harming the minor girl's mental health and whether the constitutional protection for protecting life can be extended to her, and if so, to what extent. In accordance with Article 21 of the Indian Constitution, the minor girl has a right to protection for her life. Her personal life and liberty, which among other things includes the right to live with dignity and free from trauma, shall not be restricted. This constitutional protection of life, liberty, and the right to live with dignity and free from phobias and other traumatic experiences was acknowledged by law and is incorporated into the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as the ‘MTP Act’).
The court noted that during such situations, the state should come forward to render help to the mother and her children.The personal life and liberty guaranteed by Article 21 of the Indian Constitution are linked with those of the unborn children and will endure even after the minor girl gives birth to the children.
“No fetus can grow up naturally if the life of the mother is not supported and smooth sailing. The statute also provided for mothers‟ health, strength and also life. Just by giving birth out of an unwilling pregnancy rest of the life of the mother cannot be in a compromised existence.”
It was also noted that the court got stuck as the life of the minor girl is at the paramount stage as termination of pregnancy at this stage can even lead to maternal death. Further, if the woman has to sacrifice her life during termination at such an advanced stage of pregnancy, then, the question naturally arises to the mind of this Court whose personal life, liberty, and dignity shall be protected as guaranteed under Article 21 of the Constitution.
Based on these considerations, the Hon’ble Court decided not to grant any relief for the medical termination of the pregnancy of the said minor girl.
The decision of the court:
With the above direction, the Hon’ble Court disposed of the writ petition.
Case Title: Y Vs State of West Bengal & Ors
Coram: Hon’ble Mr. Justice Aniruddha Roy
Citation: WPA 817 OF 2023
Advocates for the Petitioner: Mr. Sandip Mandal Mr. Abhilash Mittal Mr. Somath Saha.
Advocates for the state: Mr. Subir Kumar Saha, Ms. Bedashruti Bose.
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