Prayagraj : In the case involving a 13-year-old rape survivor, where a C-section was performed despite a court order for medical termination of pregnancy (MTP), Dr Amrita Chaurasia, HoD of obstetrics and gynaecology at Moti Lal Nehru Medical College (MLNMC), told the Allahabad High Court that all medical decisions were taken keeping the patient’s health and safety as the paramount consideration.
However, as induction was not medically feasible, surgical termination was undertaken on Sept 23. A division bench of Justice Ajit Kumar and Justice Garima Prashad, in its order dated Oct 12, directed the state to clarify the issue of consent and listed the matter for further hearing on Oct 26. Earlier, the survivor, whose pregnancy had crossed the statutory 24-week limit for MTP, approached the court seeking permission for termination, saying continuation of the pregnancy would adversely affect her mental health.
The infant was shifted to the Children Hospital due to health complications and died the following day, while the minor survivor has since recovered and been discharged. However, the court expressed concern over the absence of a prescribed consent form signed by the patient’s guardian before the surgery.
In an affidavit, she said qualified doctors, Dr Aiman Abbasi and Dr Monika Yadav, were assigned to carry out the MTP in compliance with the court’s order. An inquiry report submitted in a sealed cover reportedly found no negligence on the part of the doctors, concluding that proper care was provided to both the patient and the infant. The court also exempted the personal appearance of the CMO and other officials. Subsequently, the court found that a C-section had been performed instead. Observing that the doctors were prima facie guilty of deliberate negligence for failing to comply with its order, the court sought an inquiry into the circumstances leading to the surgery.