Doctors Lack Awareness On MTP Procedures: Allahabad HC Directs Health Secretary To Issue SOP

This decision arose from the finding that many Chief Medical Officers (CMOs) and doctors in the state lack awareness of the proper procedures to follow during examinations related to MTP cases.

The case in question was brought forward by a minor victim and her family, who sought permission for the termination of her pregnancy. Upon review, the Court formed a Medical Board, which reported that the pregnancy had reached approximately 29 weeks. The board concluded that both the continuation of the pregnancy and its termination at this stage could adversely affect the victim’s mental and physical health.

A Division Bench of Justice Shekhar B. Saraf and Justice Manjive Shukla noted, “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 pointed out that the MTP Act of 1971, along with the related rules and regulations from 2003, and various Supreme Court judgments clearly outline the protocols that should be followed.

Advocate Prashant Drivedi appeared for the petitioner.

The Court expressed concern over the insensitivity shown by some medical staff in certain districts, who were unfamiliar with these legal frameworks. The Court added, “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.”

Given the critical nature of these procedures, the Court emphasized the need for a thorough understanding and adherence to the laws governing medical termination of pregnancy.

Consequently, the Court ordered the Principal Secretary to ensure that a comprehensive SOP is distributed to all Chief Medical Officers across the state to standardize the process. Additionally, in a move to protect the privacy of the victim, the Court instructed, “The Registrar General of this Court is directed to get the name of the petitioner Nos.1 and 2 expunged from the cause title and the same be titled as 'X' in the computer record. It is further directed that in future in the cases relating to Medical Termination of Pregnancy, the cause title should only contain the letter 'X' for victim or any relative of her who is filing the petition”

Cause Title: X v. State of Uttar Pradesh & Ors., [2024:AHC:157926-DB]

Appearance:

Petitioner: Advocates Prashant Drivedi, Ram Babu Singh