The hospital had also been asked to report the risk involved in termination of pregnancy.
Irate with the Sir Sayaji General Hospital for dispensing legal advice instead of submitting the medical report in a medical termination of pregnancy case, the high court ticked off the medical officers.
Single bench judge AJ Desai was shocked to receive legal advice in reply to its order of this Tuesday when it had categorically asked the chief medical officer to conduct a medical test of the rape victim and determine the length of foetus. The hospital had also been asked to report the risk involved in termination of pregnancy.
Instead of addressing these concerns, the chief medical officer, in his reply, cited the MTP Act and its sections. This annoyed the high court, which was compelled to observe, “The court wants the medical report and not legal advice. This court directs the state to ensure a doctors’ panel is constituted at Sayaji Hospital comprising a gynaecologist, a psychiatrist and other doctors. This panel should conduct medical test of the girl and also of the foetus and share details of the girl’s health, foetus length and whether it advisable to conduct medical termination or not, and if there is any risk involved.”
The matter has been adjourned to next week. Only after getting an appropriate medical report, can the court direct the hospital to conduct medical termination of pregnancy.
In her petition which was heard on Tuesday, the victim submitted she had got pregnant after being repeatedly raped by a relative and she could not share her ordeal with anyone as there is no other female member in the family. She also told the court the rapist had threatened her with dire consequences if she revealed things to anyone. At the time of primary investigation, the girl was 20 weeks pregnant.
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