Roma Deb Sharma vs State Of West Bengal & Ors

Debangsu Basak, J

The petitioner seeks medical termination of pregnancy.

Learned advocate appearing for the petitioner submits that, the pregnancy is twenty-two weeks old. He draws the attention of the Court to the opinion of a Doctor written at page 24 of the writ petition where, the Doctor expressed his view that, the petitioner is at high risk.

State is represented.

Section 5(1) of the Medical Termination of Pregnancy Act, 1971 stipulates that, the provisions of Section 4 and so much of the provisions of Sub-section (2) of Section 3 as relating to the length of pregnancy and the opinion of not less than two registered medical practitioners, shall not apply to the termination of a pregnancy, by a registered medical practitioner in a case where he is of the opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman.

In the facts of the present case, there is an opinion of a medical practitioner, which comes within the preview of Section 5(1) of the Act of 1971.

In such circumstances, it would be appropriate to direct the Medical Superintendent-cum- Vice Principal of N.R.S. Medical College and Hospital to constitute appropriate medical board to examine the petitioner and to opine as to whether, medical termination of pregnancy of the petitioner is required under the Act of 1971 or not. The petitioner will make herself available for examination before the medical board so constituted in terms of this order as and when she is directed by such medical board. The Superintendent-cum-Vice Principal is requested to take expeditious steps and to constitute the medical board preferably within forty-eight hours from the receipt of this order.

List the writ petition on August 19, 2019 under the same heading when the report of the medical board be submitted.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.