Punjab & Haryana High Court Grants Interim Anticipatory Bail To Ayurveda Gynaecologist Accused Of Terminating Pregnancy Illegally

The Punjab and Haryana High Court has granted interim bail in an anticipatory bail plea to an Ayurveda gynaecologist, who is accused of terminating a pregnancy without authorisation.

While issuing notice on her plea seeking pre-arrest bail, the bench of Justice Pankaj Jain said, “In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to her furnishing personal and surety bonds to the satisfaction of the Arresting Officer/Investigating Officer.”

An FIR was registered under Sections 3, 4, 5 MTP Act and Section 120-B, IPC, 1860 registered at Police Station Pundri, District Kaithal, last month. According to the prosecution, secret information was received that at a hospital in Kaithal, one doctor was illegally aborting a child. Thereafter, a team was constituted, headed by the Civil Surgeon of Kaithal. Upon raiding the hospital, it was allegedly discovered that the child was aborted because there was water in its head. The Ayurveda doctor had suggested to the couple to abort the child due to a 'high-risk pregnancy', according to the prosecution.

Senior Advocate Bipan Ghai, representing the accused, submitted that the condition of the fetus as well as the mother is evident from the ultra sound report dated 10.06.2023. The mother was brought to the nursing home wherein she is working as Gynaecologist — being a qualified Ayurveda Dhanwantri (M.S-Ayurveda) Prasooti Tantra and Streeroga degree holder, Ghai said. The condition of the mother as well as the fetus was fully documented and thus, it will not be a case wherein the pregnancy was terminated illegally, the senior counsel argued.

He submitted that the Ministry of Ayush had issued a clarification in 2017 "authorizing the Bachelor of Ayurvedic Medicine and Surgery (BAMS) doctor to conduct deliveries and manage all other complications related to women's pregnancy."

"Keeping in view the fact that child was pre-maturely delivered it will be a debatable point as to whether it is a case of pre-mature delivery or termination of pregnancy. In case, it is found to be a case of pre-mature delivery, definitely the petitioner will be entitled to have benefit of communication ... issued by the Government of India, Ghai argued.

He also said “the whole of the procedure has been documented and is in possession of the Investigating Agency.” There cannot be any apprehension that the petitioner would tamper with the same, he said.

While granting the interim bail to the Doctor, the court said, “As and when called, the petitioner shall join the investigation. She shall abide by the conditions enumerated under Section 438(2) of the Cr.P.C.”

The matter is posted for September 26 for further consideration.

Case Title: Dr. Mehak v. State of Haryana

Senior Advocate Bipan Ghai, with Advocates Nikhil Ghai, Rishab Singla appeared for the petitioner.

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