Calcutta HC rejects request to abort twin foetuses of 12-year-old rape survivor

The Calcutta High Court has denied a request to medically terminate the 30-week twin fetuses of a 12-year-old rape survivor, citing the risk it poses to her life. The child's mother had filed a complaint in March stating that her daughter had been raped and subsequently requested an MTP, which would not be possible for her to carry out due to her meagre means of bringing up her daughter and nine-year-old son.

The Medical Termination of Pregnancy Act, 1971, allows for MTP up to 24 weeks for special categories of women, including rape survivors and minors.

On Tuesday, Justice Aniruddha Roy had asked for an urgent medical report on the feasibility of an MTP and its potential impact on the child's health. In a report submitted on Wednesday, medical experts stated that the procedure could result in "massive haemorrhage, infection, sepsis, surgery, and anaesthetic risks, even maternal death."

The court was presented with a dilemma and observed that the child had the right to live her life with dignity and without fear but also raised concerns about whose life, liberty, and dignity would be protected if she lost her life during the procedure.

In its judgment, the court said that the life of the minor girl was paramount, and if the girl had to sacrifice her life due to the termination of her unwilling pregnancy at this stage, then the question automatically comes to the mind of this court - whose personal life, liberty, and dignity would be protected as guaranteed under Article 21 of the Constitution?

The court ultimately turned down the plea for MTP and asked the state to step in to take care of the well-being of the minor girl and her twin children. The court directed the cops to end the probe and the trial and take necessary measures for the adoption and/or foster care and/or upbringing and/or well-being of the twins in accordance with the law.