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2023 Supreme(Cal) 1313

MOUSHUMI BHATTACHARYA
‘X’ (Since Minor through her Mother Ansura Khatoon) – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sutapa Sanyal, Amit Chowdhury.
For the Respondents: Pantu Deb Roy, Pannalal Bandopadhya, Sabyasachi Banerjee, Arindam Chandra, Atish Ghosh, Sumana Biswas, Antara Dey.

JUDGMENT :

MOUSHUMI BHATTACHARYA, J.

1. The petitioner is an un-named minor who has approached the Court for urgent orders permitting the medical termination of her pregnancy. The petitioner met with an accident on 18.12.2022 and her mother was subsequently made aware of the fact that the petitioner was pregnant pursuant to which an FIR was lodged at the Watganj Police Station under the POCSO Act, 2012. The petitioner was shifted to the CCU of the respondent no. 2 Medica Hospitals on 24.12.2022 and has been in a critical state thereafter. The petitioner suffered a cardiac arrest on 27.12.2022 and was on the ventilator till 2.2.2023. The petitioner is presently on Advanced Cardiac Life Support Protocol.

2. The petitioner seeks immediate termination of her pregnancy.

3. Medica Hospitals, represented by learned counsel, reiterates that the petitioner’s present physical condition was brought about by the road accident. Counsel submits that the petitioner’s life will be at risk if there is further delay in the termination of her pregnancy. Counsel places a letter written by the petitioner’s mother to the Hospital on 31st January, 2023 requesting the Hospital to terminate the pregnancy. Coun

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