Allahabad High Court Orders Probe Into Doctors After Minor Rape Survivor Delivered By C-Section Despite Abort Order

The Allahabad High Court has ordered a high-level state inquiry into medical personnel at a government facility in Prayagraj who conducted a Caesarean delivery on a 13-year-old rape survivor despite explicit judicial instructions to terminate her pregnancy.

A division bench comprising Justice Ajit Kumar and Justice Garima Prasad directed the Uttar Pradesh Principal Secretary for Medical and Health to investigate the matter and file a comprehensive report within two weeks. The judges observed that the medical staff appeared prima facie guilty of deliberate negligence and stated that the practitioners had jeopardized the child’s life by failing to carry out the court’s directions.

Circumstances Surrounding The Delivery

The case originated from a plea by the minor and her legal guardians seeking judicial permission to abort after the pregnancy had advanced beyond the statutory 24-week ceiling. A medical evaluation established the gestational age at approximately 29 weeks and two days, while the girl expressed that continuing the term would inflict severe psychological distress.

Taking into account her tender age, trauma, physical and mental wellbeing, and the consent of her family, the High Court on September 21 instructed the Chief Medical Superintendent of Prayagraj’s S R N Hospital to perform the termination.

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Hospital representatives subsequently informed the bench that staff initiated a vaginal induction procedure on the evening of September 22. When that attempt proved unsuccessful, doctors opted for a surgical delivery via Caesarean section. The procedure resulted in a live birth, and the newborn was transferred to the Children’s Hospital for medical care.

Unanswered Questions And Missing Official

The judicial bench summoned the medical team on September 23 after learning that the initial abortion order had not been executed. During the proceedings, the bench expressed dismay upon learning that Dr. Amrita Chaurasia, Head of the Gynaecology Department at Motilal Nehru Medical College, had left the city without providing any explanation for her departure.

In her absence, Dr. Vandana Ojha, who was serving as in-charge head of the department, attended the hearing alongside Assistant Professor Dr. Aiman Abbasi, the surgeon who performed the operation. Under questioning from the bench regarding who authorized the surgical intervention, Dr. Abbasi was unable to identify who had ordered the C-section.

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Scope Of The Investigation

The court ruled that the sequence of events warranted formal proceedings against the medical personnel involved. The Principal Secretary has been instructed to question all relevant medical staff, the survivor, her mother, and the investigating officer before submitting the findings.

The High Court will resume hearing the case on October 12.

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