Prayagraj: Allahabad High Court on Thursday, in the matter of termination of pregnancy of a 13-year-old rape victim, has ordered an inquiry into the circumstances under which a C-section was performed, despite a court order.
A two-judge bench comprising Justice Ajit Kumar and Justice Garima Prasad, passing an order of inquiry, 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 court directed the Principal Secretary (Medical and Health), Government of Uttar Pradesh, to conduct an inquiry and submit a report within two 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 court seeking permission to abort.
According to the Medical Board report, the gestational age was approximately 29 weeks and 2 days. The minor had expressed her desire not to continue the pregnancy, saying that its continuation would cause further harm to her mental health.
Considering the age of the petitioner, 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 had directed the Chief Medical Superintendent of Prayagraj's S R N Hospital to undertake medical termination of pregnancy.
On September 23, after being informed that its order had not been complied with, the court ordered the personal appearance of the doctors involved. At 2 pm, the court was informed that the Head of the Department, Dr Amrita Chaurasia, is currently out of station.
The court expressed surprise that Dr Amrita Chaurasia, Head of the Department of Gynaecology at Prayagraj's Motilal Nehru Medical College, 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, Assistant Professor of the Medical College, who had performed the surgery.
Dr Ojha apprised the court that the induction process for medical termination of pregnancy through vaginal passage was started in the evening of September 22, but it failed.
Thereafter, a C-section was performed, which resulted in the birth of the 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, Dr Aiman Abbasi, 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 in the case.
