Latest news with #MTP)Act
Time of India
08-07-2025
- Health
- Time of India
20 years on, doctor cleared of miscarriage charge
Ahmedabad: More than two decades after a gynaecologist was convicted for allegedly causing the miscarriage of an unmarried woman who later died due to complications, the Gujarat high court has overturned the conviction. The court ruled that the doctor acted in good faith and that a direct link between his actions and the woman's death was not proven. Dr Dipak Rathod was convicted in 2004 by a Bharuch trial court under Section 312 of the IPC (causing miscarriage) for treating a woman named Rukhsana at his hospital in Jambusar in 1999. However, the trial court had granted him the benefit of the Probation of Offenders Act, and he did not serve jail time. According to the prosecution, Rukhsana was brought to Dr Rathod's hospital after complications arose from an earlier, unsuccessful abortion attempt performed by a quack. You Can Also Check: Ahmedabad AQI | Weather in Ahmedabad | Bank Holidays in Ahmedabad | Public Holidays in Ahmedabad Dr Rathod consulted another doctor and proceeded to treat her, performing a medical procedure. Her condition worsened after the procedure, and she was referred to SSG Hospital in Vadodara, where she died in Jan 2000. Rukhsana's family alleged that Dr Rathod's negligence caused severe internal injuries, including damage to her uterus and intestines, which ultimately led to her death. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Is it better to shower in the morning or at night? Here's what a microbiologist says CNA Read More Undo He was also charged under Sections 304A (causing death by negligence) and 314 (death caused by an act with intent to cause miscarriage), but was convicted only under Section 312. Challenging the conviction in the High Court, Dr Rathod argued that he acted in good faith and within the scope of his qualifications and duties as a gynaecologist, and that his actions were protected under the Medical Termination of Pregnancy (MTP) Act. Justice Gita Gopi, allowing the appeal, stated: "In view of that fact, the opinion formed by the appellant was in good faith to terminate the pregnancy. Whether the appellant doctor actually terminated the pregnancy was not proved by cogent and tangible documentary evidence... The act of the appellant is not the direct cause of death."
Deccan Herald
30-06-2025
- Health
- Deccan Herald
Delhi HC allows minor sexual assault survivor to terminate pregnancy
The court directed AIIMS and its team of doctors to perform the procedure on the survivor on July 1 under the Medical Termination of Pregnancy (MTP) Act.
Hindustan Times
30-06-2025
- Health
- Hindustan Times
Delhi HC allows minor sexual assault survivor to terminate pregnancy
The Delhi High Court on Monday allowed a minor sexual assault survivor to terminate her 26-week pregnancy. Delhi high court issued order allowing minor sexual assault survivor's pregnancy termination.(PTI) Justice Manoj Jain, therefore, directed the medical superintendent of AIIMS to terminate the over 26 weeks pregnancy of the girl, observing she was subjected to two sexual assaults. The survivor, 16, and her mother moved court with their plea for abortion citing serious mental trauma. The court directed AIIMS and its team of doctors to perform the procedure on the survivor on July 1 under the Medical Termination of Pregnancy (MTP) Act. It came on record that the medical board was not in favour of allowing the termination of pregnancy in view of the advanced gestational age requiring most likely a cesarean section procedure which could adversely affect the girl's future reproductive health. The medical board opined that the girl was otherwise physically fit. The girl and her mother, however, insisted on not continuing with the pregnancy. She moved the court after the doctors expressed their inability to proceed due to the statutory restrictions provided under the MTP Act, limiting such procedures to 20 weeks in ordinary cases and 24 weeks in certain categories such as rape survivors. According to the girl's lawyer, the minor was sexually assaulted by a man during Diwali in 2024 but she did not disclose the incident to anyone. The second incident took place in March when she was sexually assaulted by another person and the pregnancy was the result of this incident, the lawyer said. She learnt about the pregnancy only when she went to a doctor with her sister and when her family members got to know, she confided in them about the sexual assault, leading to the filing of the FIR. At the time of the FIR in June, the gestational age exceeded the prescribed 24-week limit. The police arrested the accused of the March sexual assault incident whereas the man who assaulted her last year is yet to be nabbed, the court was informed. The high court in its order recorded judgments, including that of the Supreme Court, in which pregnancy was allowed to be terminated in cases where gestational period exceeded 27 weeks and even of 33 weeks. "The situation in this case is unfortunate. The girl was subjected to sexual assault for the first time on Diwali but she did not divulge about this to anyone and she was again subjected to sexual assault in March by another person," the court said. The order continued, "It is not difficult for this court to comprehend and understand the grave mental injury inflicted upon the minor." The AIIMS doctors, as a result, were ordered to maintain a complete record of the procedure aside from preserving the fetus tissue, which could be required for DNA identification and investigation purposes. The court further directed the state authorities to bear all the expenses of the medical procedure, the girl's stay at the hospital and the expenditure of post-operative care. "If the child is born alive, the medical superintendent of AIIMS along with state authorities shall ensure that every assistance is offered to such child and intimation will be given to the Child Welfare Committee," the court said. Since the minor's mother wants to get the pregnancy terminated, she has no objection if the child is born alive and given up for adoption, the order added.
Indian Express
23-06-2025
- Health
- Indian Express
Bombay HC allows 31-yr-old woman to terminate her 25-week pregnancy
The Bombay High Court has permitted a 31-year-old woman to terminate her 25-week pregnancy from a consensual relationship after her partner refused her support. The court said she could get the procedure done at a hospital of her choice. Observing that the petitioner was 'left in lurch by her own circumstances as well as refusal of her partner to offer support or assistance to her in any manner, despite being an active participant in bringing about the present situation', the court said the petitioner was 'naturally apprehensive about social stigma and facing her own parents, who may not be supportive in the circumstances'. The HC also asked her ex-partner to give Rs 1 lakh to the petitioner for her medical expenses in addition to legal expenses and accompany her to the hospital, if she so desired and remain with her during the procedure. A division bench of Justices Revati Mohite-Dere and Neela K Gokhale on June 19 passed an order on the plea by the woman unwilling to continue with the pregnancy. The petitioner woman had submitted that she was in a consensual relationship with her partner and the pregnancy occurred due to failure of a contraceptive device. She also submitted that she was no longer in the said relationship. On June 13, the HC had directed the medical board of state-run JJ Hospital to examine the petitioner. The expert who conducted her psychiatric evaluation found that the petitioner had a history of sadness and stress due to financial constraints and inter-personal conflicts along with a history of alcohol consumption and smoking. The Board unanimously found her fit to undergo the procedure under the Medical Termination of Pregnancy (MTP) Act. The petitioner, through advocate Nikita Raje, sought termination of her pregnancy and argued that she has no financial or emotional support to carry the pregnancy to its full term. The continuation of the same would hamper her mental health due to anguish of her situation, Raje added. The petitioner also informed the court that she had quit her job a few months ago and today, instead of looking for a new job, she was required to run from pillar to post to consult doctors to terminate her pregnancy. The HC noted that as per the report, the petitioner has a history of illness and her parents/family was not aware of the pregnancy. As per petitioner, if her parents learn about the same, they would not accept it, 'leaving her in a complete lurch to fend for herself'. After interacting with the petitioner in the chamber, the judges noted that she appeared to be 'extremely disturbed, having to face these challenges'. The bench noted that petitioner had made 'conscious decision to terminate pregnancy' and the judges ascertained that she made the 'choice of her own free will'. The HC considered past Supreme Court verdicts, petitioner's right to reproductive freedom and bodily autonomy, findings of the medical board related to her psychological condition. 'We are satisfied that continuance of the pregnancy shall adversely affect the already disturbed psychological condition of the petitioner. Hence, in the peculiar facts of this case, we permit the petitioner to medically terminate the pregnancy,' the court held and allowed the woman's plea.
The Hindu
14-06-2025
- Health
- The Hindu
How should sexual abuse survivors be treated?
The story so far: The Delhi High Court recently issued a series of guidelines to streamline procedures in hospitals handling Medical Termination of Pregnancy (MTP) cases involving sexual assault survivors, after finding that miscommunication, and administrative lapses had resulted in the denial of timely medical care to a minor rape survivor. What was the case? Justice Swarana Kanta Sharma issued the guidelines while adjudicating upon the plea of a 17-year-old rape survivor who had been taken to the All India Institute of Medical Sciences (AIIMS), Delhi, for medical examination and termination of pregnancy. Although accompanied by a police officer following the registration of an FIR, hospital authorities initially refused to conduct an ultrasound, citing the absence of identity documents. The matter was then referred to the Child Welfare Committee (CWC), which directed the hospital to proceed with the termination and submit a status report. However, the hospital continued to insist on identity proof and age verification through an ossification test. The ultrasound was eventually carried out after a CWC member personally intervened. By that time, the minor was found to be approximately 25 weeks and 4 days pregnant. The hospital then declined to convene a medical board, contending that a court order was required as the pregnancy appeared to exceed the 24-week statutory limit prescribed under the Medical Termination of Pregnancy (MTP) Act, 1971. Following the court's intervention, a seven-member medical board was finally constituted at AIIMS to assess the feasibility of terminating the pregnancy. After conducting an ultrasound, the board determined that the gestational age of the foetus was 23 weeks and 4 days, and that the survivor was physically and mentally fit to undergo the procedure. This contradicted the hospital's earlier record, which had put the gestational age at 25 weeks and 4 days. The court noted with anguish that no explanation was provided for this discrepancy. What directions were issued to hospitals? The court observed that when an investigating officer presents a sexual assault survivor for medical examination, along with the official case file and FIR details, separate identity verification may be dispensed with. It further stressed that in cases involving minors, procedural safeguards applicable to routine diagnostic cases should not be applied rigidly or mechanically. Justice Sharma directed that in all cases where a rape or sexual assault survivor is found to be pregnant, a comprehensive medical examination must be conducted without delay. In instances where the gestational age appears to exceed 24 weeks, hospital administrations were instructed to immediately constitute a medical board to conduct the necessary examination and submit a status report to the appropriate authorities without awaiting specific court orders. Hospitals were also directed to ensure that updated Standard Operating Procedures and relevant legal guidelines are readily accessible in both Emergency and Gynaecology Departments, and that duty doctors are regularly briefed and sensitised on their obligations under the MTP Act, the Protection of Children from Sexual Offences (POCSO) Act, and other binding directives issued by the Supreme Court and High Courts. The court further mandated that quarterly training programmes be organised for doctors and medical staff in coordination with legal aid bodies such as the Delhi State Legal Services Authority and the Delhi High Court Legal Services Committee (DHCLSC). Each government hospital was also directed to designate a nodal officer to oversee MTP cases and related medico-legal processes, serving as a single point of contact for the CWC, investigating officers, and the courts. Additionally, consent for MTP procedures was to be obtained from the survivor or her guardian, in a language they fully comprehend, such as Hindi or English. What was the Delhi police instructed to do? The court directed the Delhi Police to ensure that investigating officers handling POCSO and sexual assault cases undergo mandatory training every six months, with a focus on MTP procedures, court orders, and coordination with medical and welfare authorities. Certificates of completion are to be duly recorded in the officers' service files. Police officers were also instructed to ensure that sexual assault survivors are presented before the concerned doctor, hospital, or medical board at the earliest opportunity, along with all requisite case files. What were the guidelines issued earlier? On April 17, Justice Sharma issued guidelines for CWCs and the DHCLSC to prevent delays in such cases, while hearing a plea involving a minor sexual assault survivor seeking termination of a pregnancy beyond 27 weeks. She directed that whenever a minor survivor with a gestational age exceeding 24 weeks is referred by the CWC to a hospital for examination or termination, the CWC must immediately notify the DHCLSC. Upon receiving such information, the DHCLSC shall promptly assess the need for legal intervention, including approaching the competent court for permission to terminate the pregnancy, so as to avoid further delay. Earlier, in January 2023, the judge mandated that during the medical examination of a sexual assault survivor, a urine pregnancy test must be conducted. If the survivor is found pregnant and is an adult seeking termination, the investigating officer must ensure that she is presented before the medical board on the same day. State governments were also ordered to ensure that medical boards are constituted in the hospitals.
