RUMA IMRAN vs THE STATE OF WEST BENGAL

BENCH-  Hon’ble Justice Protik Prakash Banerjee

Background of the case-

The petition was filed to terminate the pregnancy of the petitioner whose foetus is more than 25 weeks old.  The termination was prayed as the foetus had a congenital anomaly which will make the life of the child after the birth very sensitive and difficult.

Judgment-

The court said since the respondent was late at furnishing the details regarding the medical report of the petitioner, the court could not wait for more as it would end the basic motive of filing the petition. The court directed the respondent to take steps as may be necessary to terminate the pregnancy, keeping in mind the mental and physical health of the petitioner. It was further directed to complete the procedure with the exercise within one week subject to medical feasibility. The case of Suparna Debnath & Anr. Vs. State of West Bengal & Ors was also referred which was decided by the Hon’ble Division Bench on 18 February 2019. In that case, the court has interpreted Section 3 of the Medical Termination of the Pregnancy Act 1971 (which prohibits termination of pregnancy beyond the period of 20 weeks) should include a case where there is a congenital defect which would not be conducive to the healthy life of a child if carried to term and has also considered the agony to the parents. The court allowed the petition and ordered the medical college authorities to make available the necessary infrastructure including a bed for carrying out the medical procedure.

Read Full Judgment here:

Link- http://164.100.79.153/judis/kolkata/index.php/casestatus/viewpdf/WP_231_2019_30052019_O_261.pdf