The Allahabad High Court has expressed concerns regarding the lack of awareness among Chief Medical Officers (CMOs) and doctors in the state about the legal procedures for terminating unwanted pregnancies.
As a result, the court has directed the Principal Secretary of Medical Health and Family Welfare to issue a Standard Operating Procedure (SOP) that must be followed by all CMOs and the medical boards they establish.
The court’s decision follows a petition filed by a minor victim and her family seeking permission for an abortion.
The court ordered the formation of a medical board, which submitted its report indicating that the pregnancy was approximately 29 weeks along.
The board noted that carrying the pregnancy to full term could adversely affect the victim’s mental and physical health.
As the victim and her family desired a medical abortion, the court accepted their petition and granted approval for the procedure.
Justices Shekhar B Saraf and Manjiv Shukla highlighted that several cases revealed a significant gap in knowledge regarding the procedures for medical termination of pregnancy among medical officials, including CMOs and doctors appointed as board members for examining victims.
The court further emphasized that the Medical Termination of Pregnancy Act of 1971, the Medical Termination of Pregnancy Rules of 2003, and various Supreme Court rulings clearly define the procedures.
The judges underscored the need for sensitivity in handling such cases, noting with concern that doctors in certain districts appear to be completely unaware of the aforementioned laws and the procedures established by the Supreme Court.
In its ruling, the High Court further ordered the removal of the victim’s and her family members’ names from the case records, stipulating that their identities should remain confidential in all instances related to the termination of pregnancy.
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