Bombay High Court Orders Probe Into 'Shocking' Failed MTP Case After Newborn Allegedly Starved To Death In Hospital

The Bombay High Court was recently 'aghast' to note a 'shocking' incident wherein a Medical Termination of Pregnancy (MTP) on a minor rape victim failed, resulting in the birth of a baby girl of nearly 26 weeks, who was 'starved to death' by the doctors at the District Civil Hospital in Maharashtra's Satara.

Sitting at the Kolhapur seat, a division bench of Justice Madhav Jamdar and Justice Pravin Patil ordered a 'thorough' enquiry into the incident especially because the Civil Surgeon had on a previous date informed the judges that the MTP was 'successful.'

Notably, a coordinate bench had on March 7 ordered the hospital authorities to carry out MTP on the minor rape victim, after the medical board okayed the same. The matter was kept for compliance on March 16, when the Civil Surgeon, Satara submitted a report stating that the MTP was successfully done. and that the patient was stable and that the local police too was informed about the foetal DNA Sampling etc.

However, on March 18, the counsel for the minor girl informed the judges that the MTP carried out on her on March 16, had failed, resulting in the birth of a baby girl at 11:00 AM and yet a false compliance report was given. The counsel through 'short note' stated that the newborn baby was "allegedly starved until death" approximately at 9:30 PM to 10.00 pm for DNA sampling, despite pleas from the victim, her mother, and a child welfare officer.

"The hospital authorities kept the baby under starvation, ignoring the court's order. Even after police intervention via calling 112 (helpline number) the next day by victims mother on March 17, 2026 at 8.37 AM it was informed by Hospital Authority to police personnel that as per the Courts Order it has been done. The dead body (of the newborn) was left beside the victim until 10:00 AM on March 17, 2026" the short note stated.

The note further pointed out that the March 7 order clearly ordered providing the best medical treatment but by failing the MTP procedure on March 16, leading to a live birth and then deliberately starving the newborn to death for DNA sampling, was a clear violation of the court's order.

"This conduct amounts to criminal negligence under Section 304A IPC (causing death by negligence), potential murder under Section 302 IPC due to intentional starvation despite cries and pleas, and child endangerment under the Juvenile Justice Act, 2015. Misuse of court order by prioritising DNA over life support, ignoring victim family, child welfare oicer, and police (via 112), shows gross contempt of court under Contempt of Courts Act, 1971," the note stated further.

The judges further noted from the minor girl's submissions that the Hospital Staff pressurised her and her mother to state, that proper care was taken by the hospital authorities and staff of the minor girl before and after the MTP procedure.

However, the judges were 'aghast' after considering the contentions set out in the 'short note' prepared by the victim girl.

"Reading of the short notes reveals a very serious and shocking incident insofar as the handling of medical termination of pregnancy of petitioner and handling of baby born to the Petitioner is concerned. We are completely aghast," the bench said in the order passed on March 18.

Considering the seriousness and gravity of the matter as mentioned in the short note, the judges directed the Principal Secretary, Public Health Department, Mantralaya, Mumbai to immediately carry out a 'thorough enquiry' about the incident as set out in the short note and submit a report to the Court on or before March 25.

"In the meanwhile, the District Woman and Child Development Officer, Satara shall file an affidavit as also the members of Medical Board, Civil Hospital, Satara District shall file affidavit. The Collector, Satara is directed to immediately seize the CCTV footage of March 16 of the District Civil Hospital, Satara," the bench ordered.

Further, the bench took into account the fact that the Petitioner and her family members were being given threats, therefore, it ordered the Superintendent of Police, Satara to take immediate steps to ensure protection of Petitioner and her family members.

The matter has been adjourned for further hearing on March 25.

Appearance:

Advocate Mohansingh Rajput appeared for the Petitioner.

Assistant Government Pleader TJ Kapre represented the State.

Case Title: XYZ vs State of Maharashtra (Writ Petition 1690 of 2026)

Citation: 2026 LiveLaw (Bom)

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