X Vs. STATE OF WEST BENGAL

JUDGEMENT

(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 31/1/2023 requesting the Hospital to terminate the pregnancy. Counsel also refers to a specific statement made in the writ petition that the petitioner's mother takes full risk of any medical intervention in relation to the pregnancy and will exonerate the respondent of any liability in respect of the outcome of such medical intervention.