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Gynaecologist booked for performing MTP without consent of patient’s husband

Gynaecologist booked for performing MTP without consent of patient’s husband

The procedure was performed with the consent of the patient but not of the husband

Trichy: A case was registered against a gynaecologist in Srirangam recently after a patient’s husband filed a police complaint against her alleging that she performed Medical Termination of Pregnancy (MTP) on a woman without getting consent from her husband.

The case concerns a couple that is separated but not yet divorced. The gynaecologist had reportedly performed MTP on the patient with the patient’s consent. The husband, however, blamed the gynaecologist for not taking his consent for the procedure.

According to the complainant, his wife was taken to the gynaecologist in a private hospital in Trichy. The husband alleged that on November 26, 2017, the lady doctor performed the MTP on his wife without with his permission. He even alleged the doctor for verbally abusing him when he questioned about the issue.

Read Also: Violation of MTP Act: Gynaecologist gets Bail, but cannot practice till Conclusion of trial

The husband then approached the court in the matter. The local police registered the case against the doctor following a direction of the judicial magistrate court III here.  The police have registered the case under section 312 (causing miscarriage), 294 (b) (uttering obscene words) and 506 (i) (punishment for criminal intimidation).

When asked for a response, the gynaecologist clearly told TOI that the foetus was not alive. The doctor then asked for the woman’s permission for carrying out MTP. Only after getting the woman’s permission, the doctor performed the procedure.

Informing the daily about the matter, Inspector of police P S Chithra stated that the woman approached the gynaecologist after she got separated from her husband though they have not been divorced. “We even inquired with Mahalakshmi. She admitted that the abortion was done with her consent. Since she was separated from her husband, the woman did not consult her husband,” Chithra informed TOI.

The police informed that the issue involves technical subjects so they have decided to seek an opinion from the Tamil Nadu Medical Council to check if there is any negligence from the gynaecologist’s side. The further steps will be taken after the report that will be given by the state’s medical council.

Should Consent of Husband be necessary for performing Medical Termination of Pregnancy (MTP) in India?

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Source: with inputs
36 comment(s) on Gynaecologist booked for performing MTP without consent of patient’s husband

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  1. This girl second marriage ok friest marriage also same abortion to dives to Husband ilegal ok second marriage also same method to abortion to after applay to dives ok more than prove documents submitted court don\’t possible this matter any one this problem not undestand important many docoment ok

  2. By law of MTP Act , Consent of any person other than woman {patient undergoing MTP} is required. Nobody else be it husband { present past or future, temp., adhoc or permanent, part time or full-time}, parents or children is needed to give consent. Only if she is below legal age or mentally challanged, her guardian may give consent. However given the prevailing situation, it is better to obtain husband\’s consent. Or parents, if she is unmarried.

  3. Husbands conset is never necessary for abortion. Its always the womens decision that matters. However allegation on doctor for not taking husbands conset for abortion & filing case on gynaecologist is absolutely false. Well finding whether the doctor is authorised for performing mtp or not, this is the only thing matters that needs to be checked. Otherwise instruction by CJM for taking action against a doctor, only for not taking husbands consent is, absolutely a harrashment.

  4. It is mentioned in the article that feotus was not alive. In such a case if the pregnancy is not terminated ie the dead foetus is not expelled, then mother could syuffer from septicemia n septic shock. Moreover , mtp act clearly asks only for mother\’s consent provided not a minor

  5. Husband consent is not necessary for this…..its all depends on tht lady….she hv rights to take her decisions bcoz its all about her life…