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 statutory 24-week period for medical termination and had approached the high court seeking permission to abort

The Allahabad high court has ordered an inquiry into the circumstances in which a C-section was performed on a 13-year-old rape survivor although the court had earlier directed termination of her pregnancy.

The high court questioned the circumstances under which the C-section was performed. (For Representation)

It observed that the doctors involved were prima facie guilty of “deliberate negligence” for failing to comply with its order. The court said it was a fit case for appropriate proceedings against the doctors for having “played with the life of a rape victim” whose application before the court was for medical termination of pregnancy.

The bench comprising Justice Ajit Kumar and Justice Garima Prashad on Wednesday directed the principal secretary, medical and health, UP, to conduct an inquiry and submit a report within 2 weeks after examining the doctors involved, the minor victim and her mother, as well as the investigating officer.

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

The medical board report placed the gestational age at approximately 29 weeks and 2 days. It recorded that the foetus had crossed the stage of viability and that both continuation and termination of the high-risk pregnancy carried associated medical risks.

The minor had expressed her desire not to continue the pregnancy, stating that its continuation would cause further harm to her mental health. Considering her age, the circumstances in which the pregnancy had occurred, her physical and psychological condition and the wishes expressed by her and her natural guardians, the high court on September 21 directed the chief medical superintendent of SRN Hospital, Prayagraj, to undertake medical termination of pregnancy.

However, on September 23, the court was informed that its order had not been complied with. The court then ordered the personal appearance of the doctors involved at 2:00 PM. At 2:00 PM, the court was informed that HoD, gynaecology, Motilal Nehru Medical College, Prayagraj, Dr Amrita Chaurasia is currently out of station.

The court expressed surprise that Dr Chaurasia left for outstation without providing an explanation. The in-charge HoD, Dr Vandana Ojha, was, however, present before the court along with Dr Aiman Abbasi, the assistant professor who had performed the surgery.

Dr Ojha apprised the court that the induction process for terminating the pregnancy through the vaginal passage began on the evening of September 22, but it failed. Thereafter, a C-section was performed, resulting in the birth of a baby. The infant was subsequently placed in the children’s hospital for care.

The bench questioned the circumstances under which the C-section was performed. The doctor who conducted the surgery also could not disclose who had issued the direction to perform the C-section. The court has fixed October 12 as the next date of hearing.

Meanwhile, Dr Santosh Singh, public relations officer of SRN Hospital, expressed his inability to comment on the issue as the matter was sub judice. “We will file our reply before the honourable court,” he added.