Allahabad HC orders inquiry into C-section on rape survivor despite pregnancy termination order

The matter pertains to a minor rape survivor whose pregnancy had crossed the 24-week period and had approached the high court seeking permission to abort.

The Allahabad high court has ordered an inquiry into how a C-section was performed on a 13-year-old rape victim after it had directed doctors to terminate her pregnancy, observing that the doctors were prima facie guilty of “deliberate negligence”.

Health department asked to submit report

The minor’s pregnancy was assessed at 29 weeks and two days, with the medical board noting that the foetus had reached viability. (File Photo)

A bench of Justice Ajit Kumar and Justice Garima Prashad on Wednesday directed the Principal Secretary, Medical and Health, government of Uttar Pradesh, to conduct the inquiry and submit a report within two weeks. The inquiry will examine the doctors involved, the minor and her mother, and the investigating officer. The court, in its order, said, “It is a fit case where appropriate proceedings may be directed to be drawn against all of them for having played with the life of a rape victim whose application was for medical termination of pregnancy.”

The case concerns the minor, whose pregnancy had crossed the statutory 24-week limit for medical termination. A medical board had assessed the pregnancy at about 29 weeks and two days and said the foetus had crossed the stage of viability.

Minor told court she did not want to continue pregnancy

According to the order, the minor had told the court that she did not want to continue the pregnancy as it would further affect her mental health. Considering her age, the circumstances of the pregnancy and her physical and psychological condition, as well as the wishes of the minor and her mother, the HC on September 21 directed the chief medical superintendent of SRN Hospital of Motilal Nehru Medical College in Prayagraj to carry out the termination.

However, when the matter came up on September 23, the HC was informed that its order had not been complied with.

It directed the doctors involved to appear before it.

Doctors summoned over C-section procedure

The in-charge head of the gynaecology department, Dr Vandana Ojha, and assistant professor Dr Aiman Abbasi, who performed the surgery, appeared before the court, the order said. The court expressed surprise that department head, Dr Amrita Chaurasia, left for outstation without providing an explanation.

Ojha told the court that “the process of inducing termination through the vaginal route failed. A C-section was then performed, resulting in the birth of a baby, who was shifted to a children’s hospital for care.”

The court noted, “Dr. Aiman Abbasi... could not disclose under whose order or authorization she performed the surgery...Let there be an inquiry into the matter.”

PRO of SRN Hospital Dr Santosh Singh said, “We will file our reply before the court.”