'Played With Her Life': Allahabad High Court Orders Inquiry Into C-Section Performed On Rape Survivor Despite Termination Order
Doctors prima facie guilty of "deliberate negligence", says HC; Questions who authorized C-section after induction method failed
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 after the Court had directed termination of her pregnancy. The Court 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.
A Bench of Justice Ajit Kumar and Justice Garima Prashad directed the Principal Secretary, Medical and Health, Government of Uttar Pradesh, 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.
Case in brief
The matter pertains to a minor rape survivor whose pregnancy had crossed the statutory 24-week period for medical termination.
A Medical Board report placed the gestational age at approximately 29 weeks and 2 days. The Board 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 S.R.N. 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 PM.
At 2:00 PM, the Court was informed that HOD Dr. Amrita Chaurasia is currently out of station. 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, resulting 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.
High Court's observations
The Court also expressed surprise that Dr. Amrita Chaurasia, Head of the Department of Gynecology at Motilal Nehru Medical College, had left for outstation without providing an explanation.
The Court further recorded that both the minor and her mother had consented to the medical termination "at their own risk" and had clearly stated that they did not want the baby to be born.
Taking note of the statements made before it by the State Law Officer and the doctors, the Court observed:
"Dr. Amrita Chaurasia and team of doctors involved, are prima facie found to be guilty of deliberate negligence in not complying with the order of this Court".
The Bench further observed that appropriate proceedings could be drawn against them for having "played with the life of a rape victim".
The Court accordingly ordered an inquiry to determine responsibility, particularly regarding Dr. Amrita Chaurasia's role as the HOD and her duty to ensure compliance with the High Court's order "in its letter and spirit".
The Principal Secretary, Medical and Health, Government of Uttar Pradesh, has been directed to conduct the inquiry personally and submit the report in a sealed cover within two weeks.
The inquiry is to examine the doctors involved, the minor victim, her mother and the Investigating Officer who accompanied her to the hospital.
In the meantime, the Court directed the hospital to provide full care to the mother and discharge her only after complete recovery.
As for the baby born through the C-section, the Court directed that the infant remain under the care of the Children's Hospital and not be handed over to anyone without the Court's permission. It also directed the hospital to bear the costs of the delivery and postnatal care for both the baby and the mother.
The matter has been listed for October 12.