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HC seeks consent form after C-section on 13-year-old rape survivor despite MTP order
The affidavit stated that all reasonable efforts were made to provide appropriate medical care to the minor and that the procedure was undertaken keeping her health and safety paramount
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The Allahabad high court has sought the prescribed consent form, signed by the guardian of a 13-year-old rape survivor, before a surgical procedure was performed on her despite the court’s direction for medical termination of her pregnancy (MTP).
A division bench comprising justices Ajit Kumar and Garima Prashad directed additional advocate general Kartikeya Saran, appearing for the state, to place the relevant details before it on the next date of hearing on October 26.
The court passed the order on October 12 after taking on record an affidavit filed by Dr Amrita Chaurasia, head of the department of obstetrics and gynaecology at Motilal Nehru Medical College and its associated Swaroop Rani Nehru Hospital (SRN), Prayagraj.
The affidavit stated that all reasonable efforts were made to provide appropriate medical care to the minor and that the procedure was undertaken keeping her health and safety paramount.
Dr Chaurasia stated that two qualified doctors, Dr Aiman Abbasi and Dr Monika Yadav, had been specifically assigned to carry out the MTP in compliance with the court’s order. However, as induction was not possible, a surgical procedure was undertaken on September 23, 2026, at 10.51 am, she said.
The affidavit further stated that the infant was shifted to a children’s hospital owing to its medical condition and died the following day. The minor, meanwhile, had received appropriate care, was in good health and had been discharged, the court was informed.
The bench also opened, in the presence of advocates representing the respective parties, a sealed-cover inquiry report submitted in compliance with its earlier direction. The report exonerated the doctors of negligence, stating that proper care had been taken of both the minor and the infant and that every effort had been made to safeguard their health.
However, the bench expressed surprise over the absence of the prescribed declaration form bearing the signature of the patient’s caretaker or guardian before the surgical procedure.
Chief medical superintendent of SRN Hospital Dr Neelam Singh and the chief medical officer of Prayagraj, who were present in court, acknowledged that a prescribed form was available for obtaining the signature of a patient’s caretaker or guardian when the patient was undergoing surgery, particularly in a critical condition.
The additional advocate general also acknowledged that the prescribed consent format was ordinarily used when a patient was a minor or was otherwise unable to sign the form herself.
Holding that the circumstances in which the prescribed form was or was not signed required clarification, the court directed the state counsel to place the relevant details before it at the next hearing.
The bench exempted Dr Chaurasia, Dr Singh, the CMO and investigating officer Manvendra Prasad from personal appearance on the next date, following their request.
The matter concerns a 13-year-old rape survivor whose pregnancy had crossed the statutory 24-week threshold for medical termination. The minor had approached the high court seeking permission to terminate the pregnancy, stating that its continuation would further harm her mental health.
On September 21, taking into account her age, the circumstances of the pregnancy, her physical and psychological condition and the wishes expressed by her and her natural guardians, the high court had directed the chief medical superintendent of SRN Hospital to undertake the MTP.
The court subsequently questioned why a caesarean section had been performed instead of complying with its direction for termination of the pregnancy. Taking a serious view of the matter, it had directed the principal secretary, medical and health, Uttar Pradesh, on October 23 to conduct an inquiry into the circumstances, including by examining the doctors concerned, the minor and her mother, and the investigating officer.
