'Shocking': Allahabad HC Raps Medical Board For Insensitive Counseling Of Pregnant Minor; Orders DALSA To Oversee Fresh Report
LIVELAW NEWS NETWORK
16 March 2026 6:59 PM IST
Last week, the Allahabad High Court pulled up the medical board and the Chief Medical Officer (CMO), Hathras, while dealing with a time-sensitive writ petition seeking medical termination of pregnancy at an advanced stage of about 30 weeks, for its insensitivity towards the minor victim.
The bench of Justice Atul Sreedharan and Justice Siddharth Nandan observed thus:
"Today, the learned counsel for the petitioner had informed the Court on instructions from the client that the Medical Board merely went to her and told her "Appka Khyal Rakha Jayega" and nothing beyond the same; and now the aforementioned report has been submitted, which clearly shows the insensitivity of the Medical Board".
For context, the Court had earlier directed the CMO, Hathras to constitute a Medical Board on a "war footing" which was required to counsel the petitioner regarding consequences to her health in case of abortion and also explain that if she chooses to deliver the child, she will have no responsibility either of the medical expenses or that of the child, who shall be given in adoption; and the sole responsibility will be that of the State.
The Court noted that despite specific instructions, "the report of the Medical Board which has been placed before us, apart from the investigation pertaining to hemoglobin, blood group, HIV, HBs, Ag, and the HCV; and the investigation pertaining to the gestation period of the fetus, it nowhere indicates as to what the petitioner had said about her will to either go for the abortion or to continue with the pregnancy".
Noting that earlier, counsel for the petitioner had raised concerns about the panel's insensitivity if no member was nominated by the High Court, the Court noted that the Medical Board had acted insensitively.
Consequently, the Court directed the impleadment of the Principal of J.N. College Hospital, AMU, Aligarh, as a necessary party.
It directed the Secretary DALSA, Hathras, to arrange an immediate meeting and include a psychologist in consultation with the Principal of J.N. College, Aligarh, in the already constituted medical board.
The Secretary, DALSA, was directed to chair this meeting and explain to the board that the victim needs to be meticulously informed of her options regarding adoption, and that the entire responsibility for medical expenses, adoption, and the child's maintenance shall be borne by the State.
The newly constituted Medical Board was directed to meet the petitioner and prepare a fresh medical report.
The Court also directed that once the fresh report is prepared and put in a sealed cover, the entire Medical Board, including the Secretary DALSA, Hathras, and the CMO, Hathras, shall remain present before the Court.
The Court also directed the counsel for the High Court Legal Services Committee to clarify and file an affidavit regarding:
"(i) Whether, it is feasible for the Legal services Committee to nominate Secretary, Dalsa in each district to be an ex-officio chairman of the medical board, which may be formed for the purpose of giving a report in cases where pregnancy termination issues, are to be considered.
Or
(ii) Whether, it is feasible to appoint a panel lawyer of the Legal services Committee to coordinate and chair the aforementioned Committee and directly report to the concerned court, where petitions for termination of pregnancy, are in issue and direction seeking a report from a medical board, has been issued.”
The matter was listed for 2 pm today. The order is awaited.