Court grants permission for abortion to 29-week pregnant woman, historic decision made with special orders

Allahabad High Court: A minor victim and her family sought permission for abortion for a 29-week pregnancy in the Allahabad High Court, while the MTP Act 2021 amendment allows abortion only up to 24 weeks. The court directed the formation of a medical board in this case. Based on the medical board's report, the court granted permission for abortion with certain conditions, considering the safety and health of the victim.

Medical Board Report:

The medical board's report stated that a 29-week pregnancy could be detrimental to the victim's mental and physical health. The victim and her family desired a medical abortion, based on which the court accepted their petition and granted permission for abortion with certain conditions.

Court Decision: What Did the Court Say About the Abortion of the 29-Week Pregnant Minor Victim?

The Allahabad High Court expressed concern regarding the knowledge and procedures of doctors in the case of the 29-week pregnant minor victim. The court stated that the Chief Medical Officers and doctors in the state lack proper knowledge of the process for terminating unwanted pregnancies (Medical Termination of Pregnancy). Consequently, the High Court directed the Principal Secretary of Medical Health and Family Welfare to issue a Standard Operating Procedure (SOP) to be followed by all Chief Medical Officers and the constituted medical boards.

The bench of Justice Shekhar B. Saraf and Justice Manjiv Shukla emphasized that it has been observed in several cases that Chief Medical Officers of districts and doctors appointed as members of the medical board are inadequately informed about the proper procedures to be followed during the victim's examination and subsequent abortion. In this regard, the court directed the implementation of the SOP.

Court Order: Instructions to Keep the Victim's Identity Confidential

The Allahabad High Court directed that in the case of the 29-week pregnant victim, the procedures established under the Medical Abortion Act of 1971, the Medical Termination of Pregnancy Rules 2003, and various Supreme Court rulings must be followed. The court stated that sensitivity must be maintained throughout the process and expressed concern that some doctors in certain districts are unaware of these regulations. Additionally, the court ordered that the names of the victim and her family be removed from the case records and that in future cases, the names of the victim or her family should not be made public.