The Calcutta High Court on Wednesday denied permission to a 12-year-old rape survivor to terminate her pregnancy on grounds that complications may lead to her death. The minor has been carrying twins for 25 weeks now, and her mother had filed a writ petition seeking permission for termination.
A single judge bench of Justice Aniruddha Roy said this age of gestation carried risk of massive complications that could also lead to maternal death. “This court is stuck in this situation because the minor girl’s life is paramount at this point. If, in the end, the minor girl is forced to give up her life in order to terminate her unwilling pregnancy at this advanced stage, then the most important question here is that whose personal life, liberty and dignity shall be protected as guaranteed under Article 21 of the Constitution,” the court observed.
The mother’s plea sought termination of pregnancy under the Medical Termination Act, 2021, in the North Bengal Medical College & Hospital or any other hospital. On the basis of a complaint filed on March 9 by the mother, an FIR was registered at Bagdogra police station under relevant sections of the POCSO Act.
The minor was admitted to the Siliguri’s North Bengal Medical College & Hospital. According to a report of the hospital’s zonal medical board, it is clear that the girl has been carrying twins. As on March 20, the age of the foetuses was 25 weeks and one day.
On April 5, the board filed a report before the present bench, which states, “As twin babies achieve period of viability and not associated with any congenital malformation and any pregnancy-related complication except the young age that is 12 years, so termination of this pregnancy cannot be done under prevailing MTP Act, 2021. The termination can be carried out on the basis of your honourable court order. However, termination of this pregnancy at this age of gestation carries risk of massive haemorrhage, infection, sepsis, surgery and anaesthetic risks, even maternal death. Delivery of live babies is possible, which may require resuscitation. So the honourable court may order whether to resuscitate babies or not and send material for forensic testing.”
After reviewing the report, the bench observed that the continuation of an unwilling or forceful pregnancy will cause severe mental pressure and trauma to the mother. The sufferings of the minor girl, including the sufferings of her twin children whose compromised existence will be inextricably linked to the minor.
The bench said, “The valuable right of the mother to lead a normal healthy life post-delivery and not a compromised existence is not possible without the state coming forward to address these critical issues and unburdening or at least alleviating her sufferings. At this point, the state should take the role for the well-being of the minor and her twins. No foetus can grow naturally if the mother’s life is not supported and smooth sailing.”
The bench further said there was a risk of maternal death and, thus, dismissed the writ petition. Lastly, the bench also directed to approach the district magistrate or appropriate authority under the Juvenile Justice (Care and Protection of Children) Act, 2015, in case the minor or her family members are incapable of maintaining the twins or, in case, there is nothing related with their adoption.
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