CMO, Doctors Often Not Aware Of Procedure In Medical Termination Of Pregnancy Cases: Allahabad HC Directs UP Health Secretary To Issue SOP

Observing that often the Chief Medical Officers and doctors in the State of Uttar Pradesh are not aware of the procedure to be followed in cases of medical termination of pregnancy while examining the female, the Allahabad High Court has directed the Principal Secretary, Medical Health and Family Welfare, Uttar Pradesh to issue Standard Operating Procedure for the same which is to be followed by all Chief Medical Officers and the Boards constituted by them.

Petitioner, minor victim, and her family approached the High Court for medical termination of her pregnancy. The Court directed the formation of a Medical Board, which submitted its report. In the report, it was stated that the pregnancy is around 29 weeks and the termination of pregnancy at this stage as well as carrying the pregnancy to full term would harm the mental and physical being of the victim.

Since the victim and her family members wanted the medical termination of pregnancy, the Court allowed the writ petition.

The bench comprising Justice Shekhar B. Saraf and Justice Manjive Shukla went on to observe that “In umpteen matters that had appeared before us wherein the petitioner had prayed for medical termination of pregnancy, we have found that the Medical Colleges including the Chief Medical Officers of the Districts and the doctors that are appointed as part of the Medical Board for examination of the victim are not properly informed about the procedure to be followed while carrying out the examination of the victim and the subsequent medical termination, if ordered.”

The Court noted that the procedure to be followed in such cases has been laid down in the Medical Termination of Pregnancy Act, 1971; Medical Termination of Pregnancy Rules, 2003 and the Medical Termination of Pregnancy Regulations, 2003 as well as in various judgments of the Supreme Court.

“One has to keep in mind the sensitivity involved in the entire process and it is a matter of grave concern that doctors in some of the districts are not at all familiar with the above legislations and the procedure established by the Supreme Court of India.”

Accordingly, the Court directed the Principal Secretary, Medical Health and Family Welfare, Uttar Pradesh to issue the SOP to all CMOs.

While allowing the termination of pregnancy, the Court directed that the name of victim and her family members be removed from the case records. It was further directed that in all such cases relating of medical termination of pregnancy, the name of the victim or her family members should not be mentioned in the cause title of the petitions.

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