Allahabad HC orders inquiry after c-section on minor rape survivor despite termination order

Prayagraj: The Allahabad High Court has ordered an inquiry into how a C-section was performed on a 13-year-old rape survivor despite an earlier court order directing doctors at SRN Hospital, Prayagraj, to carry out medical termination of her pregnancy. 

The case concerns a minor whose pregnancy had reached around 29 weeks and two days, according to a medical board report. The board noted that the pregnancy had crossed the viability stage, while also observing that both continuation and termination carried significant risks.

A division bench of Justices Ajit Kumar and Garima Prasad said the matter warranted appropriate proceedings against those responsible for ''playing with the life'' of a rape survivor who had approached the court seeking termination of pregnancy.

The survivor had approached the High Court seeking termination of the pregnancy after it crossed the statutory 24-week limit. She had expressed her unwillingness to continue the pregnancy, citing concerns about its impact on her mental health.

Taking into account her age, the circumstances of the pregnancy and her physical and psychological condition, the court on September 21 directed the Chief Medical Superintendent of S R N Hospital, Prayagraj, to undertake the medical termination.

However, when the matter came up again, the court was informed that the hospital had not proceeded with the MTP as directed. According to the hospital, an attempt was made on the evening of September 22 to induce termination through the vaginal route, but it was unsuccessful. A C-section was subsequently performed, resulting in the birth of the baby.

The shift from the court-directed procedure became a key concern for the bench. The doctor who performed the surgery was unable to explain who had taken the decision to proceed with the C-section, prompting the court to seek a detailed account of the circumstances.

The bench underscored the distinction between medical termination of pregnancy and a C-section. While an MTP generally involves administration of abortion medication or a limited surgical procedure to terminate pregnancy, a Caesarean section is a major abdominal surgery requiring an incision through the uterus for delivery of the foetus, reports TOI. 

The bench observed that the doctors involved appeared prima facie guilty of “deliberate negligence” and said the matter was a “fit case for appropriate proceedings” against those responsible.

The court further said the doctors had “played with the life of a rape victim” who had approached the court seeking termination of her pregnancy, reports PTI. 

The High Court has directed the Principal Secretary, Medical and Health, Uttar Pradesh, to conduct an inquiry into the matter. The inquiry will examine the doctors involved, the survivor and her mother, along with the investigating officer, and submit a report within two weeks.

The probe is expected to establish why the court’s direction was not carried out as ordered, who authorised the C-section and what circumstances led to the change in the course of treatment.

The matter is next listed for hearing on October 12.