Prayagraj: The Allahabad High Court has directed an inquiry into the conduct of doctors at a government hospital after they failed to comply with its order permitting termination of the pregnancy of a minor rape survivor, and instead performed a caesarean delivery without disclosing under whose authorisation this was done, finding them prima facie guilty of deliberate negligence.
Justice Ajit Kumar and Justice Garima Prashad were hearing a writ petition filed by X, a minor victim, through her mother, against the State of Uttar Pradesh and three others, seeking medical termination of a pregnancy that was alleged to be the consequence of sexual assault. The petitioner, stated to be about 13 years of age as per her Aadhaar card, though a radiological examination indicated her age to be between 16 and 17 years, approached the Court after the 24-week gestational limit under the Medical Termination of Pregnancy Act, 1971 had already expired and a Medical Board constituted by the Special Judge (POCSO Act), Prayagraj had failed to submit its report in time.
By an order dated 21.09.2026, the Court examined the Medical Board's report, which recorded that the foetus had crossed the stage of viability and that the pregnancy, being high-risk, carried medical risks both on continuation and termination, without expressing a categorical opinion either way. Having regard to the minor's age, the circumstances of the pregnancy, her physical and psychological condition, and the unequivocal wishes expressed by her and her natural guardians, the Court held that her welfare would be served by permitting termination, and directed the Chief Medical Superintendent, S.R.N. Hospital, Prayagraj to admit her and undertake the procedure on 22.09.2026 by the safest medically permissible method, with the State bearing all expenses of transportation, treatment and post-procedural care.
On 23.09.2026, an urgent application was moved stating that this order had not been complied with. The Court summoned the Head of the Department of Gynaecology, Motilal Nehru Medical College and Associated S.R.N. Hospital, and the Medical Superintendent to explain the non-compliance. It emerged that the Head of Department, Dr. Amrita Chaurasia, had left station without making arrangements to ensure compliance, that the induction method for termination had failed, and that a caesarean delivery was thereafter performed by another doctor who could not disclose under whose authorisation the surgery was undertaken. The Court also noted that, contrary to its explicit direction that the State bear all expenses, the hospital administration had allegedly demanded money from the impoverished mother of the minor victim, and that no real attempt at compliance appeared to have been made through the morning of 22.09.2026, with the victim recorded as having been registered at the hospital only at 4:45 p.m.
The Court observed: “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.”
Accordingly, the Court directed the Principal Secretary, Medical and Health, Government of Uttar Pradesh, to personally hold an inquiry to fix responsibility on the doctors involved, including Dr. Amrita Chaurasia, and to submit a report in a sealed cover within two weeks after examining the doctors, the victim and her mother, and the Investigating Officer. The Court further directed that the hospital take full care of the mother till her complete recovery, that the infant born through the caesarean delivery remain in the Children's Hospital and not be handed over to anyone without leave of the Court, and that all expenses of delivery and post-natal care be borne by the hospital, with no charges to be levied on the family.
The matter was posted for further consideration on 12.10.2026, with the Medical Superintendent, the Chief Medical Officer, Dr. Priyank Chaurasia and the Investigating Officer directed to remain present.
Appearances:
For the Petitioner: Mr. Ayush Mittal and Mr. Deepak Kumar Singh, Advocates.
For the Respondents: Ms. Shruti Malviya, State Law Officer.
Case Title: X (Minor Victim) vs. State of Uttar Pradesh and 3 Others, Writ - C No. 37559 of 2026
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