Calcutta High Court
WPA/3009/2026 of XXX Vs THE STATE OF WEST BENGAL AND ORS on 8 October 2026
Ct. No.6 b.das IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri
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08.10.2026 Ct. No.6 b.das
IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction
WPA No. 3009 of 2026
XXX
Vs.
The State of W.B. & Ors.
Ms. Rima Sarkar …for the petitioner.
Mr. Jagriti Mishra Ms. Mrinmayee Das …for the State.
Report submitted by the Medical Board constituted by the Medical Superintendent cum vice President, North Bengal Medical College and Hospital, Darjeeling is taken on record. It appears from the report submitted by the Board of doctors that upon examination of the victim girl, the Board has arrived at a unanimous decision that the pregnancy can be terminated by a safest possible method upon taking care of the health status of the victim girl following termination. The Board has also decided to give supportive supervision and psychological support in the post termination period. The petitioner and the victim girl have consented to such termination.
Upon consideration of the facts and circumstances of the case, the age as well as physical and mental well being of the minor and the decision of the Medical Board, this Court directs termination of pregnancy of the victim girl by and under supervision of the Medical Board upon observing all formalities, precautions and upon taking due care of the physical and mental well being of the girl prior to, during and after such termination. The foetus of the victim girl shall be preserved and handed over to the investigating officer for DNA profiling for the purpose of investigation. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. Since the application is not adversarial, no affidavit is invited. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)