19 hrs ago
Allahabad High Court Orders Probe After Minor Rape Victim’s C-Section
A teenage rape victim became pregnant and asked doctors to end the pregnancy.
The Allahabad High Court ordered a hospital to perform the procedure as safely as possible.
Doctors first tried to start labor for a termination, but said that attempt failed.
They then performed surgery and delivered the baby instead.
The court said this did not follow its order.
It also said the doctors had not clearly explained who authorized the surgery.
The court ordered an investigation into what happened.
The hospital must care for the girl and the baby while the case continues.
The Allahabad High Court said a hospital failed to comply with its order to terminate a minor rape victim’s pregnancy.
Doctors began induction for a vaginal termination, but performed a cesarean delivery after saying the process failed and complications arose.
The court called the doctors prima facie guilty of deliberate negligence and said they had put the victim’s life at risk.
The Principal Secretary for Medical and Health was ordered to investigate the doctors’ roles and submit a report within two weeks.
The hospital must care for the minor until full recovery and cannot hand over the cesarean-born child without court permission.
- Who
- The Allahabad High Court, a minor rape victim, and doctors at Swaroop Rani Nehru Hospital and Moti Lal Nehru Medical College.
- What
- The court ordered an inquiry after the hospital performed a cesarean delivery instead of carrying out the court-directed pregnancy termination.
- Where
- Swaroop Rani Nehru Hospital in Prayagraj.
- When
- The termination order was issued for Tuesday; the court was informed on Wednesday, and the inquiry report is due within two weeks.
- Why
- The court said its order had not been complied with and that the doctors had failed to explain why the surgery was performed or who authorized it.
Court's findings
Doctors' explanation
Whether the court order was followed
Court's findings
The court said the hospital did not comply with its direction to terminate the pregnancy and had put the victim's life at risk.
Doctors' explanation
The doctors said they began the ordered process through induction, but it failed and complications made a cesarean delivery necessary.
Responsibility for the cesarean surgery
Court's findings
The court said no clear explanation was given about the circumstances of the failed induction or who authorized the surgery.
Doctors' explanation
Dr Aiman Abbasi said the termination could not be performed because of complications, but could not identify who ordered the cesarean delivery.
Role of hospital leadership
Court's findings
The court said Dr Amrita Chaurasia had a primary duty to ensure compliance and ordered an inquiry into her and the medical team's conduct.
Doctors' explanation
The hospital's officiating in-charge, Dr Vandana Ojha, appeared in court because Dr Chaurasia was out of station; no admission of responsibility was reported.
Key facts
- Victim's age
- Her Aadhaar card listed her as 13, while a medical radiological examination estimated her age at 16.
- Pregnancy stage
- The medical board estimated the foetus was approximately 29 weeks old and had crossed the stage of viability.
- Medical board's assessment
- The board said both continuing and terminating the high-risk pregnancy carried medical risks.
- Victim's stated preference
- The medical board reported that she understood the consequences and did not want to continue the pregnancy.
- Court's assessment
- The Bench said the doctors were prima facie guilty of deliberate negligence in not complying with its order.
- Investigation deadline
- The Principal Secretary (Medical and Health) must submit a report within two weeks.
- Child's custody
- The cesarean-born child cannot be handed over to anyone without the court's permission.
Quotes
Allahabad High Court
The bench hearing the petition concerning termination of the minor rape victim’s pregnancy.
“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.”
indianexpress.com
“The procedure shall be performed by an appropriate team of specialist doctors.”
indianexpress.com
Sources
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