NIVEDITA BASU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner has authorized her husband to affirm an affidavit on her behalf, since she has not been able to be present physically. She is however present virtually. She and her husband have been identified by her Advocate who is physically present in Court. The husband has affirmed an affidavit today at 1.30 pm before the Oath Commissioner indicating that he and his wife, the petitioner, have carefully considered the medical report that has been forwarded to them by counsel for the State and their Advocate Ms. Sutapa Sanyal. It has also been averred that the petitioner and her husband are desirous of getting her pregnancy terminated medically.

(2.) The petitioner has orally indicated to this Court that she is aware of all medical consequences both on the child and herself if the pregnancy is taken to term and/or if the child is delivered prematurely. The petitioner and her husband have both unequivocally submitted before this Court and on affidavit that notwithstanding uncertainty in course of surgery of this nature, and notwithstanding the consequences on the health of the petitioner and future consequences clearly indicated in the medical report, they wish to proceed with termination of the pregnancy. The affidavit is taken on record. A copy of the affidavit is made available to the counsel for the State. The petitioner and her husband have unequivocally acknowledged before this Court that they shall not hold any medical practitioner, or any of the advocates including there own and any court of any consequences that may arise out of the procedure of medical termination of pregnancy.

(3.) This Court has carefully considered the medical report dated February 15, 2022 submitted by the Medical Superintendent-cum-Vice Principal, IPGMER-SSKM Hospital, Kolkata including therewith a medical opinion of a team of nine Senior Doctors. The report of the Medical Board is set out hereinbelow.