Played With The Life Of Rape Victim: Allahabad High Court Orders Inquiry After S.R.N.H Doctors Deliver Baby By Cesarean Mode Instead Of Terminating Pregnancy

A Division bench of Justice Ajit Kumar and Justice Garima Prashad observed that doctors involved in the matter were prima facie found guilty of “deliberate negligence” in not complying with the Court's order. The Court said, “In view of the statements so made by the learned State Law Officer, Ms. Shruti Malviya, and also the doctors present before this Court, Dr. Priyank Chaurasia and team of doctors involved, are prima facie found to be guilty of deliberate negligence in not complying with the order of this Court. It is a fit case where appropriate proceedings may be directed to be drawn against all of them for having played with the life of a rape victim whose application was for medical termination of pregnancy. ”

Advocate Ayush Mittal appeared for the Petitioner and Advocate Shruti Malviya appeared for the Respondents.

The Court had on September 21 directed the Chief Medical Superintendent, S.R.N. Hospital, Prayagraj, to admit the minor and undertake termination of pregnancy on September 22 “by the safest medically permissible procedure”, after completing the requisite formalities and ensuring all necessary medical safeguards.

On September 23, the Court was informed that induction for medical termination through vaginal passage was started in the evening of September 22 but, after it failed, a decision was taken to deliver the baby through cesarean mode. The baby was subsequently admitted to the Children Hospital.

The doctor, who performed the surgery, told the Court that medical termination through the conventional method could not take place due to certain complications and it was decided to deliver the child through cesarean mode. However, according to the order, she “could not disclose under whose order or authorization she performed the surgery.”

The Court also noted that In-charge Head of the Department of Gynecology did not state that she had directed the cesarean delivery.

The Court recorded that the Chief Medical Officer had constituted a committee under the Medical Superintendent, to ensure compliance with the September 21 order. She stated that she had communicated the order to Head of the Department of Gynecology, at 11:30 a.m. on September 22 and that it was her duty to constitute a team to ensure compliance.

The Court further recorded that Head of the Department of Gynecology had left the station at midnight. The State Law Officer told the Court that she had informed her that she had left to conduct an examination at Patna.

The Court also took note of the petitioner's allegation that the administration and staff of S.R.N. Hospital had demanded money and out-of-pocket expenses from the minor's mother for medicines, tests and procedural requirements, despite the Court's direction that the State bear all expenses relating to transportation, treatment and post-procedural care.

The Court said the allegation required explanation and verification after obtaining the version of the other side.

The bench noted that, according to the doctors' statements, the minor reached the hospital at 4:45 p.m. along with the Investigating Officer, whereas the petitioner's stand was that she had accompanied the Investigating Officer and reached the hospital at around 11 a.m.

The Court observed, “However, since Dr. M.N. Abbasi could not disclose as to why the cesarean delivery took place and why in the morning no effort was made, today itself we inquired as to when the victim got admitted to the hospital. She stated that the victim came along with the Investigating Officer at 04:45 P.M., when the registration slip. This shows that virtually there was no attempt at all since the morning of 22.09.2026, even though the stand taken by the petitioner is that she accompanied the Investigating Officer and reached the hospital at around 11:00 A.M”

The Court added, “No explanation has been offered as to under what circumstances the induction method failed and what is very surprising is that Dr. Amrita Chaurasia, without giving any explanation, left for outstation. Dr. Aiman Abbasi, who conducted the surgery, has also not disclosed as to who issued the direction to get the cesarean delivery done. Both the victim and the mother had clearly given consent that, at their own risk, the medical termination be done and they did not want the baby to be born. ”

The Court directed, “Let there be an inquiry into the matter to fix the responsibility of the doctors including Dr. Amrita Chaurasia, who happens to be Head of the Department of Gynecology, Motilal Nehru Medical College, and who had the primary duty to ensure that the order of the High Court stands complied with in its letter and spirit. 13. Accordingly, the Principal Secretary, Medical and Health, Government of Uttar Pradesh, is directed to hold an inquiry, himself into the matter and submit a report within next two weeks.”

The Court also directed that the hospital shall take full care of the mother and that she shall be discharged only after full recovery. The infant born through cesarean delivery is to remain under the care of the Children Hospital and “shall not be handed over to anyone without leave of this Court.”

The Court directed that the expenses incurred or to be incurred in the delivery of the child and the post-natal care of the baby and the mother shall be borne by the hospital itself. The Chief Medical Officer was directed to ensure that no expenses, including medicines, are charged from the petitioners.

The matter has been listed for October 12, 2026. The Medical Superintendent, Chief Medical Officer, the doctor and the Investigating Officer have been directed to remain present on the next date.

Cause Title: X (Minor) v. State Of Uttar Pradesh & Ors.

Appearance:

Petitioner: Advocates Ayush Mittal, Deepak Kumar Singh

Respondents: Advocate Shruti Malviya

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