Rajesh Pandey
The Allahabad High Court has observed that often the chief medical officers (CMOs) and doctors in the state are not aware of the procedure to be followed in cases of medical termination of pregnancy while examining the female.
In this backdrop, the court directed the principal secretary, of medical health and family welfare, Uttar Pradesh to issue a standard operating procedure (SOP) for the same, which is to be followed by all CMOs and the Boards constituted by them in the state.
A division bench comprising Justice Shekhar B Saraf and Justice Manjive Shukla passed these directives while hearing a petition filed by a minor victim of a sexual offense, and her family.
The petitioners had approached the high court for medical termination of her pregnancy. The court directed the formation of a medical board, which submitted its report. In the report, it was stated that the pregnancy is around 29 weeks and the termination of pregnancy at this stage as well as carrying the pregnancy to full term would harm the mental and physical being of the victim.
Since the victim and her family members wanted the medical termination of pregnancy, the court allowed the writ petition.
The court observed, “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 including the CMOs of the districts and the doctors that are appointed as part of the medical board for examination of the victim are not properly informed about the procedure to be followed while carrying out the examination of the victim and the subsequent medical termination, if ordered.”
The court noted that the procedure must be followed in cases of medical examination of a victim and medical termination of pregnancy as laid down in the Medical Termination of Pregnancy Act, 197, Medical Termination of Pregnancy Rules, 2003, and the Medical Termination of Pregnancy Regulations, 2003 as well as in various judgments of the Supreme Court.
“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 of the districts are not at all familiar with the above legislation and the procedure established by the Supreme Court of India.”
Accordingly, the Court directed the Principal Secretary, of Medical Health and Family Welfare, UP to issue the SOP to all CMOs.
While allowing the termination of pregnancy, the court in its order dated September 26 directed that the name of the victim and her family members be removed from the case records. It was further directed that in all such cases relating to medical termination of pregnancy, the name of the victim or her family members should not be mentioned in the cause title of the petitions.