Calcutta HC forms medical board after 11-yr-old rape victim wants to abort

Last updated on August 22nd, 2023 at 09:58 am

Calcutta High Court, one of the oldest High Court in the Republic of India, has ordered the authorities to form a medical board for the medical termination of pregnancy of a 11 year old girl who was gangraped by three boys. 

On Thursday, a single bench of Justice Sabyasachi Bhattacharya directed the authorities for the formation of the medical board of four experts, including one gynecologist and a pediatrician, within 24 hours in order to help the minor girl.

According to The Indian Express, the medical board will conduct the medical examination of the rape victim to know if she can abort the baby.

The case will be heard again on 21 August. The court will take the decision on abortion after analyzing the medical report of the minor girl. 

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The rape victim is 25 weeks pregnant. She was gang-raped by three boys in Kolkata. Her parents did not know about the horrific incident. They came to know about the incident after the symptoms of her pregnancy became evident. The parents complained about the incident to the local police. The police investigated the matter and arrested the three accused, who were also minors.

According to laws, a girl cannot abort a child beyond 24 weeks. The girl’s parents approached the Calcutta High Court because the period has passed in this case. Justice Sabyaschi Bhattacharya upheld the right of a minor rape victim to seek abortion.

Justice Sabyaschi Bhattacharya reportedly said, “Whereas motherhood could have come as a matter of choice much later in life, it was imposed on our little protagonist as a slur and not a blessing. Only 25+ weeks, as opposed to the statutory 24 weeks, of pregnancy have elapsed.”

The court said that the pregnancy was a result of the “atrocity committed on the minor victim.” It was also observed that the rape victim had ‘barely attained puberty.’