In a landmark judgment, the Allahabad High Court has granted permission for the medical termination of a 29-week pregnancy of a minor rape survivor, respecting the decision made by the victim and her parents. The court, while emphasizing the sensitivity of such cases, also directed the Uttar Pradesh government to issue a comprehensive Standard Operating Procedure (SOP) for medical boards to handle such situations more efficiently and in line with legal and medical protocols.
Case Background:
The writ petition (Writ – C No. 31851 of 2024) was filed on behalf of a minor victim, referred to as ‘X’ to protect her identity, seeking termination of an advanced pregnancy resulting from a sexual offense. The petitioners, represented by advocates Prashant Drivedi and Ram Babu Singh, requested that the pregnancy be terminated due to the mental and physical trauma faced by the victim. The victim and her parents expressed their desire for termination, and the petition further requested medical support and care, including transportation and post-operative care.
The respondents included the State of Uttar Pradesh and relevant authorities, represented by Standing Counsel Mukul Tripathi.
Legal Issues Involved:
The key legal questions involved in this case centered on the application of the Medical Termination of Pregnancy (MTP) Act, 1971, and its amendments, which provide guidelines for the termination of pregnancies in specific cases, including pregnancies caused by sexual violence. The court had to determine whether the termination could be safely conducted at this advanced stage of pregnancy, keeping in mind the minor’s health and mental well-being.
Additionally, the court had to consider the consent of the victim and her family, as well as the risks associated with terminating a pregnancy beyond the 24-week statutory limit as per the MTP Act.
Court’s Orders and Observations:
The court, after hearing the parties, had earlier directed the Chief Medical Officer (CMO) of Prayagraj to form a medical board consisting of experts from Obstetrics & Gynecology, Neonatology, and Psychiatry. The medical board was tasked with examining the minor and submitting a detailed report addressing specific queries posed by the court, such as:
– Whether continuing the pregnancy would impact the victim’s physical and mental health.
– Whether the termination could be safely performed without endangering the victim’s life.
– The consent and wishes of the victim and her family regarding the termination.
On September 25, 2024, the medical board submitted its findings in a sealed report. The board confirmed that continuing the pregnancy would adversely affect the minor’s physical and mental health. However, it also stated that termination at this stage would pose a risk due to the advanced gestational period. Despite these risks, the minor and her mother were fully consenting to the procedure after being adequately informed of the risks and outcomes.
The court, in its ruling on September 26, 2024, emphasized the importance of respecting the autonomy and wishes of the victim and her parents. The court quoted, “In view of the above, the decision made by the victim and her parents may be respected by allowing for termination of the pregnancy.”
SOP for Medical Boards:
The court expressed concern over the lack of awareness and standard procedures followed by medical boards in such cases. Justice Shekhar B. Saraf and Justice Manjive Shukla, in their observations, noted that many medical professionals were unfamiliar with the legal provisions and procedures outlined in the MTP Act and related Supreme Court rulings. To address this issue, the court directed the Principal Secretary, Medical Health and Family Welfare, Uttar Pradesh, to issue a comprehensive Standard Operating Procedure (SOP) to ensure medical boards are properly equipped to handle such sensitive cases.
Key Court Observations:
1. “In umpteen matters that had appeared before us wherein the petitioner had prayed for medical termination of pregnancy, we have found that the Medical Colleges and the Chief Medical Officers of the Districts are not properly informed about the procedure to be followed…”
2. “One has to keep in mind the sensitivity involved in the entire process, and it is a matter of grave concern that doctors in some districts are not familiar with the legislation and the procedures established by the Supreme Court.”
Final Directions:
The court, in its final order, directed the CMO of Prayagraj to immediately arrange for the termination of the pregnancy, ensuring all necessary medical support for the victim. The District Magistrate was instructed to oversee the process and ensure that the State bears all expenses related to the procedure, including transportation and medical care. Additionally, the court mandated the preservation of the aborted fetus for forensic examination in the ongoing criminal investigation related to the rape.
