Allahabad HC Flags Doctors' Ignorance in Pregnancy Termination
Court's Concern on Doctors' Knowledge
The Allahabad High Court recently expressed concern over the lack of awareness among doctors in Uttar Pradesh regarding the procedures for medical termination of pregnancy. The court noted that many doctors are unfamiliar with the appropriate steps to follow when examining a woman seeking a termination of pregnancy, especially in sensitive cases involving minors and victims of sexual offences.
Formation of Medical Board
In the case brought before the court, a minor victim of a sexual offence, along with her family, had filed a petition seeking the termination of her pregnancy. The court ordered the creation of a Medical Board to evaluate the case. The Medical Board reported that the pregnancy was at 29 weeks. According to the report, both continuing the pregnancy to full term and terminating it would pose risks to the victim’s mental and physical health.
Court Permits Medical Termination
After considering the Medical Board’s findings and the wishes of the victim and her family, the court allowed the medical termination of the pregnancy. The court further pointed out that in many similar cases, doctors and medical officials, including Chief Medical Officers (CMOs) and members of Medical Boards, are often unaware of the proper procedures required for such examinations and medical terminations.
Need for Standard Operating Procedures
The High Court highlighted the importance of following the correct legal procedures laid out in the Medical Termination of Pregnancy Act, 1971, the associated Medical Termination of Pregnancy Rules, 2003, and Regulations, 2003. The court also referenced Supreme Court rulings that outline these processes, stressing that these must be followed with the necessary sensitivity, particularly in cases involving victims of sexual violence.
Directive to Health Department
In response to the issues raised, the court directed the Principal Secretary of Medical Health and Family Welfare, Uttar Pradesh, to issue a Standard Operating Procedure (SOP). This SOP is to be followed by all CMOs and Medical Boards in the state to ensure uniformity and compliance with legal standards in medical termination of pregnancy cases.
The court emphasized that this was a matter of grave concern, as doctors in certain districts were not sufficiently informed about the applicable laws and procedures for these sensitive cases. The SOP will aim to rectify this knowledge gap and ensure better care and adherence to the law in future cases.
Source: Inputs from various media SourcesÂ
