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Gynaecologist booked for allegedly violating MTP Act; applies for anticipatory bail
Panchkula: The Gynaecologist, who had been booked and further suspended for allegedly violating Medical Termination of Pregnancy Act (MTP Act); has applied for an anticipatory bail with a local court seeking relief. The peon, whose name had also come up in the matter, has moved a similar application.
The duo attached to a Panchkula based hospital; was accused of conducting an abortion of the female foetus and a video of the doctor demanding Rs 20,000 for the job had surfaced following which a case was registered against them. Further, in a major twist in the case, officials privy to the investigation have stated that it is not certain whether the woman who had come with the complainant was pregnant.
According to recent media accounts, the incident came to light on February 20th when Civil Surgeon Dr Jasjeet Kaur had received a video on WhatsApp, in which the gynaecologist allegedly sought Rs 20,000 from two Patiala residents Singh ad Arora, for aborting a female foetus.
Read Also: MTP of 24-weeks old pregnancy- HC asks RML Hospital to set up board
The video was filmed secretly by Singh on his mobile phone which showed him meeting the doctor and telling her that his wife was pregnant with their third girl child and they wanted to abort it. In response, the doctor offered to carry out the abortion at their house in exchange for the amount, reports TOI.
Subsequently, the Civil Surgeon constituted a seven-member committee to inquire into the alleged facilitating of illegal medical termination of pregnancy of a four-month foetus.
In its report, the inquiry committee stated that the accused doctor was performing illegal MTPs in connivance with her peon for monetary gains. She had been performing illegal MTPs at her house too.
Based on the report, the authorities lodged the complaint against the gynaecologist booking them under Sections 120B (criminal conspiracy), 166 (public servant disobeying law, with intent to cause injury to any person), 168 (public servant unlawfully engaging in trade), 315 (act done with intent to prevent child being born alive or to cause it to die after birth), 409 (criminal breach of trust by public servant) and 511 (attempting to commit offences punishable with imprisonment for life or other imprisonment) of the Indian Penal Code (IPC) besides under the MTP Act and Drugs and Cosmetics Act.
"As per the preliminary report, Dr Bhargav was showing her intentions to perform medical termination of pregnancy (MTP) of a four-month pregnant woman at her home for Rs 20,000, despite being told that the woman already has two daughters and has come after the test. The report further shows the involvement of Baljinder, peon, in the matter," reads the FIR.
However, when the police officials went to arrest the duo, they were found to be absconding. Sub-Inspector Brij Pal, who is the investigation officer, had informed that when they had conducted raids on the houses of the doctor and her peon, but they remained absent at the time of the raid.
During the raid, the sleuths seized various kinds of allopathic medicines in the form of injectables, mostly used for conducting an abortion. The allopathic medicines were reportedly without requisite drugs licence and purchase bills. The doctor's OPD cabin was also sealed and the inquiry team went through documents in her cabin and locker at the hospital.
Read Also: Cabinet nod to amendments in MTP Act increasing abortion limit to 24 weeks
The copy of the preliminary inquiry report, a sealed box containing the medicines recovered from the house, list of recovered currency notes, the inquire committee's report and a DVD containing videos and CCTV footage have been enclosed with the FIR, reports Tribune
Afterwards, the Haryana Health Minister Anil Vij had ordered her suspension on February 23rd.
Two days later, at the time of the inquiry, the doctor had admitted that she took Rs 8,000 from the complaint in advance for performing an MTP. She also handed over the currency notes to the committee.
"Keeping in view the recovery of medicines and the video clipping and the returning of Rs 8,000 by the doctor, it is clear that the doctor was performing illegal MTP at her residence with the connivance of her peon for monetary gains," the FIR said; quotes HT.
On the run since being booked, the accused doctor and the peon have filed applications seeking anticipatory bail; adds HT
Meanwhile, major turn has evolved in the case wherein police are suspecting that whether the woman who had come with the complainant was pregnant. Police informed HT as per initial probe, it has been learnt that the woman was unmarried and the test reports discussed with the doctor for abortion to be of any other woman cannot be ruled out.
Garima joined Medical Dialogues in the year 2017 and is currently working as a Senior Editor. She looks after all the Healthcare news pertaining to Medico-legal cases, NMC/DCI decisions, Medical Education issues, government policies as well as all the news and updates concerning Medical and Dental Colleges in India. She is a graduate from Delhi University and pursuing MA in Journalism and Mass Communication. She can be contacted at editorial@medicaldialogues.in Contact no. 011-43720751