Court says doctors prima facie acted with deliberate negligence after cesarean delivery was performed instead of medical termination; directs State inquiry, free treatment, and child care measures
The Allahabad High Court has ordered a detailed inquiry into the conduct of doctors and hospital authorities after finding prima facie deliberate negligence in failing to comply with its earlier direction permitting medical termination of pregnancy of a minor rape survivor.
A division bench of Justice Ajit Kumar and Justice Garima Prashad was hearing a writ petition filed by the minor victim, represented through her counsel, seeking urgent relief under the Medical Termination of Pregnancy Act, 1971. The Court had earlier permitted termination of the pregnancy after considering the girl’s age, the alleged sexual assault, her mental and physical condition, and her clear wish not to continue with the pregnancy.
However, when the matter came up again, the Court was informed that instead of carrying out the termination as directed, the hospital had proceeded with a cesarean delivery after the induction process allegedly failed. The judges noted that no satisfactory explanation was given as to why the court’s order was not followed in letter and spirit, or under whose authorization the cesarean delivery was performed.
The bench recorded that the medical board had not given a categorical opinion either for or against termination, stating only that both continuation and termination of the high-risk pregnancy involved medical risks. Even so, the Court had earlier held that the minor’s reproductive choice, bodily autonomy, dignity, and mental health were relevant considerations, and had permitted termination by the safest medically permissible procedure.
During the hearing, the Court questioned the doctors present, including the in-charge Head of Department and the doctor who performed the surgery. The judges observed that the explanations offered were unsatisfactory, particularly because the doctor who carried out the surgery could not say who authorized the cesarean delivery. The Court also noted that the Head of Department had left station and that there had been no proper attempt to implement the order from the morning of the scheduled procedure.
Taking a serious view of the matter, the Court held that the doctors concerned were prima facie guilty of deliberate negligence. It directed the Principal Secretary, Medical and Health, Government of Uttar Pradesh, to conduct an inquiry personally, examine the doctors involved, the victim, her mother, and the investigating officer, and submit a sealed report within two weeks.
The bench also addressed allegations that the hospital staff had demanded money from the impoverished mother despite a clear direction that the State would bear all expenses. It ordered that the hospital must bear all expenses relating to delivery, treatment, medicines, and post-natal care of both the mother and child, and that no charges should be collected from the petitioners.
Further, the Court directed that the mother be given full care until complete recovery and that the newborn child remain in the Children’s Hospital and not be handed over to anyone without the Court’s permission.
The matter has been listed for further hearing on 12 October 2026.
Bottom Line :
Medical Termination of Pregnancy Act, 1971 - Minor rape victim - High Court having permitted termination of pregnancy considering bodily autonomy, dignity, mental health and welfare of minor - Hospital authorities allegedly failed to comply with order in letter and spirit and instead cesarean delivery was performed - Court ordered inquiry to fix responsibility, directed that no expenses be charged from victim or her mother, and directed care and custody arrangements for mother and child.
Statutory provision(s): Medical Termination of Pregnancy Act, 1971 Section 3(2B), Constitution of India
X (Minor Victim) v. State of Uttar Pradesh, (Allahabad)(DB) : Law Finder Doc id # 2984513
