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IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
RAJASEKHAR MANTHA, J.
Rupa Das – Appellant
Versus
The State of West Bengal & Others – Respondents
WPA. No. 4006 of 2022
Decided on : 27-04-2022
Medical Termination of Pregnancy - Minor Girl - The court permitted the minor girl to undergo medical termination of pregnancy under the care and guidance of her mother, subject to verification of her health by qualified medical practitioners.
Fact of the Case:
The Child Welfare Committee submitted a report confirming the minor girl's wish to undergo medical termination of pregnancy and stay with her mother. The court considered the veracity of the desire of the minor girl confirmed by officials, and permitted the medical termination of pregnancy subject to health verification.
Finding of the Court:
The court found that the minor girl's desire for medical termination of pregnancy was confirmed by officials and permitted the procedure under the care of her mother, subject to health verification.
Issues: Verification of minor girl's health for medical termination of pregnancy.
Ratio Decidendi: The court's decision was influenced by the confirmation of the minor girl's desire by officials and the consideration of her best interests.
Final Decision: The court permitted the minor girl to undergo medical termination of pregnancy under the care and guidance of her mother, subject to verification of her health by qualified medical practitioners.
JUDGMENT :
1. The Child Welfare Committee (CWC) has submitted a report addressed to the learned Public Prosecutor, West Bengal. A communication of the Superintendent cum Manager, Children Home for Girls, Nadia dated April 13, 2022, addressed to the Chairperson, Child Welfare Committee, Krishnanagar, Nadia, has been enclosed.
2. It is clear and evident from the said report that 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.
3. 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.
4. The report of the Chairperson, Child Welfare Committee, Nadia, dated April 13, 2022 is kept with the record.
5. A copy of such report be made available to the counsel for the petitioner.
6. With the aforesaid observations, the writ shall stand disposed of.
7. There shall be no order as to costs.
8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
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