Gwalior, Madhya Pradesh
The Gwalior Bench of the Madhya Pradesh High Court conducted a special hearing during the Diwali holidays in a sensitive case involving a minor rape survivor. The court granted permission to a 14-year-old girl to undergo medical termination of her pregnancy at 26 weeks and one day. Considering the seriousness and urgency of the matter, the High Court was opened even on Saturday to hear the case.
Justice Milind Ramesh Phadke directed the Dean of Kamla Raja Hospital and GR Medical College to constitute a team of experienced medical professionals and ensure that the necessary medical procedure is carried out with appropriate precautions.
The case originated in Madhya Pradesh’s Shivpuri district, where the trial court had sought guidance from the High Court regarding the termination of the minor’s pregnancy.
## Court Grants Permission Following Medical Board’s Report
During the proceedings, the medical board initially submitted a report stating that termination of the pregnancy was medically possible, provided the necessary healthcare facilities and arrangements were available.
However, the board did not provide a definitive opinion in its first report. Consequently, the High Court sought further clarification to ensure that the procedure could be conducted safely.
In its second report, the medical board informed the court that the minor’s echocardiography (ECHO) report was normal. It also stated that the medical procedure could be performed after ensuring the availability of adequate blood supplies and necessary medical support.
Based on these findings, the High Court granted permission for the medical termination of the pregnancy.
## Team of Specialist Doctors to Perform the Procedure
The High Court directed the hospital authorities to form a team comprising senior doctors from the departments of Obstetrics and Gynaecology, Anaesthesiology, General Medicine and Paediatrics.
The court also instructed the medical team to conduct another comprehensive health examination before proceeding with the termination.
Special attention must be given to preventing and managing potential complications, including excessive bleeding. The hospital has been directed to ensure that adequate blood supplies, emergency medical facilities and other essential resources are available throughout the procedure.
## Court Orders Preservation of Medical Records and DNA Samples
The High Court directed medical authorities to explain the potential risks and complications associated with the procedure to the minor survivor and her guardians before obtaining consent in accordance with the law.
The court also ordered the preservation of relevant medical records and biological samples. Where necessary, DNA samples must be securely preserved to support the ongoing legal proceedings and investigation.
These directions aim to ensure that the medical procedure is conducted safely while protecting evidence relevant to the criminal case.
## High Court Emphasises Urgent Medical Care and Survivor’s Safety
Considering the sensitive nature of the case and the advanced stage of pregnancy, the High Court stressed the importance of timely medical intervention.
The court directed the concerned hospital authorities and medical professionals to take all necessary precautions and ensure that the minor receives appropriate treatment under expert supervision.
The special hearing during the Diwali holidays highlights the urgency of the judicial intervention in a case involving the health, safety and legal rights of a minor sexual assault survivor.
