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‘Completely aghast’: Bombay HC orders probe into minor rape victim’s ‘failed’ abortion and baby’s death
On March 7, the Bombay High Court allowed abortion under the Medical Termination of Pregnancy (MTP) Act when the petitioner was nearly 24 weeks pregnant.
The plea sought an FIR against the hospital staff for the offence of causing death by negligence, murder, and endangerment under the Juvenile Justice Act.
The Bombay High Court expressed “shock” over Satara Civil Hospital’s handling of a rape victim’s nearly 26-week abortion, which led to her baby’s birth due to alleged starvation as the facility prioritised DNA sampling over life support.
“Considering the seriousness and gravity” of the matter, the Kolhapur circuit bench of the High Court ordered the principal secretary of the Public Health Department to immediately carry out a “thorough inquiry” into the incident after noting a civil surgeon’s report stating that the petitioner’s abortion was “successfully done.”
Another bench of the Bombay High Court on March 7 allowed abortion under the Medical Termination of Pregnancy (MTP) Act when the petitioner was nearly 24 weeks pregnant. The Medical Board recommended it to avoid injury to the petitioner’s physical and mental health.
A civil surgeon’s compliance report on March 16 claimed a “successful” abortion and said the police were informed for DNA sampling from the foetus.
However, Advocate Mohansingh Rajput informed the high court on March 18 that the civil surgeon’s compliance report was “false.” He said the abortion failed, resulting in the baby girl’s birth. Rajput claimed the newborn was allegedly “starved to death” on the night of March 16 despite pleas from the victim, her mother, and a child welfare officer.
The petitioner alleged criminal negligence for causing death and misuse of a court order to give “best treatment” by prioritising DNA sampling over life support.
The petitioner claimed that even after the police intervened the next day, the hospital administration informed the police personnel that it had complied with the high court’s order. However, it was alleged that the baby’s body was left beside the victim until the next morning.
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Rajput further argued that the hospital staff pressurised the victim and her mother to state that they had taken due care in the case. The plea sought an FIR against the hospital staff for the offence of causing death by negligence, murder, and endangerment under the Juvenile Justice Act.
“Reading of the above short notes (by petitioner) reveals a very serious and shocking incident insofar as the handling of medical termination of pregnancy of the petitioner and handling of the baby born to the petitioner is concerned. We are completely aghast,” the HC noted.
The court also sought affidavits from the district woman and child development officer, Satara, and the medical board of the Civil Hospital, and directed the district collector to immediately seize the CCTV footage of the date of the incident.
Posting the further hearing to March 25, the HC also directed the superintendent of police (SP) to take immediate steps to ensure the protection of the petitioner and her family members, as the lawyer complained that they were being threatened.
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