Anticipated to be a reference for future legal and medical discussions on late-term pregnancy terminations.
The Calcutta High Court, led by Justice Sabyasachi Bhattacharyya, granted permission on Monday for a 27-year-old woman to terminate her 23-week pregnancy. This pivotal ruling reflects the evolving landscape of reproductive rights and women’s health in India. The decision underscores the nuanced considerations in balancing legal aspects with individual well-being.
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Justice Bhattacharyya directed MR Bangur Hospital to form a committee of two gynaecologists and a paediatrician for the prompt completion of the termination procedure within 48 hours.
The legal counsel for the woman, in a statement to the court, highlighted the legal intricacies involved in such cases.
“Pregnancy cannot be terminated between 22 and 24 weeks without an order of a writ court,”
the lawyer stated, explaining why the woman sought intervention from the Calcutta High Court.
The woman shared her personal challenges in court, explaining that her pregnancy resulted from a relationship where the promise of marriage was later withdrawn by the man. Her lawyer, Dey, revealed that a recent ultrasound confirmed her pregnancy, leading to the legal appeal. This case highlights the intertwining of personal relationships and legal issues surrounding reproductive rights.
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The man, arrested after the woman’s complaint, was released on bail, as per her lawyer, Dey. The legal battle intensified last week when she urgently filed a petition seeking termination of her 23-week pregnancy, with a court hearing scheduled for Monday, emphasizing the pressing nature of the situation.
In a decisive move, the court ruled in favor of the woman’s appeal.
“The court on Monday allowed her to terminate the pregnancy. The court said the abortion has to be done at MR Bangur Hospital within 48 hours of the order. The hospital has to set up a committee of two gynaecologists and a paediatrician. The doctors will keep an eye on the woman’s health and submit a report to the court by February 2,”
Dey detailed the court’s directives.
The head of gynaecology at SSKM Hospital, Subhash Chandra Biswas, stated that terminating a 23-week pregnancy shouldn’t pose significant health issues, adding a medical perspective to the case. The Calcutta High Court’s landmark ruling not only addresses the woman’s immediate needs but also establishes a precedent in handling similar cases. This decision underscores the delicate balance between legal frameworks, medical ethics, and individual reproductive rights.
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It sparks broader discussions on women’s reproductive rights, legal boundaries of pregnancy termination, and medical institutions’ responsibilities in sensitive cases. The ruling is expected to serve as a reference point in future legal debates and medical practices regarding late-term pregnancy terminations in India.
