On Wednesday, the Calcutta High Court denied permission to grant medical termination of pregnancy to a 12-year-old minor girl. The plea claimed that the girl was a victim of rape and sexual assault. The writ petition was rejected on the ground that termination of pregnancy involved a significant risk of maternal death.

The writ petition was filed by the mother of the victim, who prayed for the termination of the pregnancy of her minor daughter.

The single-judge panel led by Justice Aniruddha Roy noted that, in light of the medical report furnished by the Medical Board dated April 4, 2023, there is one crucial factor of which this Court cannot be unmindful: that the termination of pregnancy at this stage of gestation may carry a risk even to the extent of maternal death.

He added that the question of whose personal life, liberty, and dignity shall be protected as provided for by Article 21 of the Constitution arises in this situation if the underage girl ultimately has to give up her life in the event that her pregnancy is terminated against her will at this late point.

According to a report submitted by the Zonal Medical Board in accordance with a High Court order, termination of this pregnancy cannot be done under the current Medical Termination of Pregnancy Act (MTP), 2021, as twin babies have achieved a period of viability and are not associated with any congenital malformation or pregnancy-related complication except the young age of 12 years.

Hence, the court determined that it could not proceed with providing any ruling or permission allowing the medical termination of the pregnancy in the young girls case.

(Source: https://www.livelaw.in/news-updates/calcutta-high-court-denies-medical-termination-of-pregnancy-minor-rape-victim-maternal-death-twins-mental-health-225639)