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Calcutta High Court · body

2026 DAILYLAW 41170 (CAL)

JOYETRI CHOWDHURY v. STATE OF WEST BENGAL AND ORS.

WPA/25156/2026 · 2026-09-17

Krishna Rao

body2026

Judgment text

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17.09.2026 Court No.25 D/L No.6 S. Gayen In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 25156 of 2026 Mrs. Joyetri Chowdhury Versus The State of West Bengal & Ors. Mr. Sanjay Saha Mr. Sattyajit Basu Ms. Indrani Mukherjee …for the Petitioner Mr. Moti Sagar Tiwari Ms. Manisha Paswan …for the State Ms. Chandreyi Alam Ms. Runu Mukherjee …for the Union of India 1. In terms of the order passed by this Court dated September 10, 2026, the Medical Board was constituted consisting eleven doctors and after examination of the petitioner, it is opinion of the Medical Board that termination of pregnancy of the petitioner can be allowed and for allowing the termination of the pregnancy, the justification is as follows:- “This is a case of complex congenital heart disease. In this case the baby will require multi staged complex surgeries after birth, but the baby will not have normal life like others. Suggestive of VSD, long segment pulmonary atresia, duct dependent pulmonary circulation. The baby will require immediate cardiac intervention of surgery (PDA stenting / BT shunt) in early neonatal period. The bay will require major cardiac surgery in infancy or early childhood. Multiple follow up surgeries also may be required after the 2 definitive surgery and will need long term cardiovascular and neurodevelopment follow up. If the cardiac malformation is associated with chromosomal or genetic syndrome the baby will be at higher risk of neurodevelopmental disorder. The mother is examined by clinical psychologist and found to be with sound mental health.” 2. From the report it is revealed that the physical fitness of the petitioner for termination of the pregnancy is also good. 3. Considering the report submitted by the Medical Board, this Court allows the petitioner to go for the termination of pregnancy. 4. The Medical Superintendent of IPGME&R SSKM Hospital is directed to take appropriate steps for medical termination of the pregnancy of the petitioner as early as possible, within 24 hours from the date of receipt of this order. 5. Accordingly, WPA 25156 of 2026 is disposed of. 6. The Registry is directed to communicate this order to the Medical Superintendent of IPGME&R SSKM Hospital immediately. 7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. 8. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all formalities. (Krishna Rao, J.)