Non-disclosure of 'Right To Terminate Pregnancy' infracts minor victim's right to live with dignity: MP High Court criticizes Police, Doctor

Indore: Slamming the investigating officer and the treating doctor for failure to disclose the right to terminate a pregnancy before 22 weeks to the minor rape survivor and her family, the Madhya Pradesh High Court described the officer and the doctor's actions as 'apathetic' and 'deplorable'. 

The single-judge bench of Justice Subodh Abhyankar came down heavily on the investigating officer and the doctor for their outright failure to inform the petitioner's father about the risks involved in continuing his minor daughter's pregnancy and the necessity of getting it terminated immediately.

"It is a common knowledge that most of the rape cases take place in the remote areas where neither the woman nor her family members are aware of existence of the Act of 1971, and thus, it becomes the duty of the Investigating Officer as also the treating doctor to apprise such persons who are the victim of an offence of rape that they have a right to terminate the pregnancy of the victim/prosecutrix before 22 weeks. This court is of the considered opinion that non-disclosure of such information to the victim infringes upon her right to live with dignity as enshrined under Art.21 of the Constitution of India, and at the same time it also defeats the vary purpose for which the Act of 1971 was enacted," the bench observed. 

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Expressing concern over the one-month delay in approaching the court, Justice Subodh Abhyankar directed the concerned team of doctors to carry out the termination soon after the haemoglobin of the victim gets normal despite the medical termination already being performed on 17.04.2024.

The petition was filed by the father of the victim seeking medical termination of his pregnant daughter. In the plea, it was revealed that the victim was abducted by the accused on 28th January, and her medical examination was conducted on the same day as her recovery, i.e., on 01.03.2024. Although the pregnancy was detected at the beginning of April, the writ petition seeking permission to terminate the pregnancy was filed on 08.04.2024, when the gestation period was already 22 weeks.

"In the considered opinion of this Court, the aforesaid apathetic conduct adopted by the Investigating Officer as also by the treating doctor is deplorable, as it was incumbent upon the Investigating Officer as also the treating doctor to inform the petitioner who happens to be the father of the victim of rape or any other responsible family member of the victim to apprise them that since the victim is minor and she is also carrying a pregnancy, it would be harmful for her health to further continue with the pregnancy, and the parents of the victim as also the victim ought to have been advised to get her pregnancy terminated," observed the court. 

To avoid such last minute request for termination of pregnancy under the MTP Act, and to save the victims, the court further stated, "It is directed that in future, in all the cases of rape, where it is found that the prosecutrix/victim, whether minor or not, is pregnant, she/her parents must be advised immediately by the officer of the concerned police station as also the treating doctor, about her right to get her pregnancy terminated under the provisions of Medical Termination of Pregnancy Act, 1971."

Earlier, the court had sought affidavits from both the treating doctor as well as the police officer to ascertain the efforts made by them to assist the victim and her family with the medical termination of rape-induced pregnancy. In the affidavit, the SHO of Rawti station merely stated that he informed the victim's father about the pregnancy on 04.03.2024 and directed the latter to inform him in case of delivery or abortion, as the case may be.

Though the treating doctor was not available to file an affidavit due to her transfer, the court was informed that the doctor intimated the victim's mother about the pregnancy after conducting MLC.

Disposing the writ petition, the court said, "It is also directed that the factum of information provided to the victim and her family members should also be specifically made by the Investigating Officer/treating doctor in writing, without fail, and any non-compliance of this order shall be treated as the contempt of the order passed by this Court."

Further, it also directed to send a copy of this order to all the Police Stations of the State of M.P. and the Government Hospitals.

To view the court order click on the link below: 

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