SUPARNA DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The issue which arises for consideration in the present writ petition is as to whether in the facts and circumstances of the case, it would be justified and legal to terminate the pregnancy of the petitioner no.1 as prayed for, when the medical report reveals that the pregnancy has crossed a period of about 26 weeks.

(2.) Mr. Bose, learned advocate appearing for the petitioner, reiterating the grounds urged in the petition, submits that from the report of the Medical Board it is explicit that the baby is having a high risk of Down syndrome along with esophageal atresia and cardiac abnormality and as per the radiological evidence there is a possibility of gastrointestinal malformation and the baby would have to undergo prolonged and complicated neonatal course due to complication of pre-maturity as well as congenital malformation. Even after arriving at such findings, the Medical Board has surprisingly not consented towards medical termination of pregnancy (in short, MTP).

(3.) According to him, a woman's right to make reproductive choices is also a dimension of personal liberty as understood under Article 21 of the Constitution of India. The decision to terminate a pregnancy is not a frivolous one. When the mother does not want to continue with the pregnancy, then forcing her not to do so would amount to violation of the bodily integrity of the mother and would aggravate her mental trauma which would be delirious to her mental health.