Frame guidelines to remove fear of prosecution from doctors in certain MTP cases: HC to AIIMS

The doctors in such circumstances cannot be penalized when they act in good faith and help a hapless victim to abort the pregnancy caused due to rape. It appears that doctors did not carry out termination of pregnancy for fear of prosecution under the penal provisions referred to in the foregoing paras of this judgment. This court is of the view that the fear of chilling effect of prosecution needs to be removed from the mind of doctors. Section 3 of MTP Act provides a defence when the termination is done in accordance with the conditions set out in the MTP Act. Further, a medical practitioner is protected by Section 8 of MTP Act for “any damage caused or likely to be caused by anything” for any act done in good faith under the MTP Act .

To remove this fear of prosecution in the minds of the doctors, the authorities concerned should issue procedural guidelines so that they may act without fear in the interest of the patient.

I would request Director of AIIMS to constitute another medical board of equivalent or Larger number of doctors as of the PGIMER to explore the possibility of termination of pregnancy. The Court requests the Director of AIIMS to do the needful as soon as possible and inform the Court about the actions taken.