Latest news with #MTPAct
Hindustan Times
3 days ago
- Health
- Hindustan Times
HC asks hospital to form panel to see if woman with chronic illness can undergo abortion
New Delhi, The Delhi High Court has directed Safdarjung Hospital to form a medical board to ascertain if a 29-week pregnant woman suffering from a chronic kidney disease could undergo abortion. Justice Sachin Datta said in case the medical board opined that the termination of pregnancy was warranted, the hospital would proceed with procedure on the 39-year-old woman. "It is directed that a medical board be constituted at the Safdarjung hospital for the examination of the petitioner, for the purpose of assessing whether the present case qualifies for medical termination of pregnancy under the Medical Termination of Pregnancy Act , 1971," the high court said. In its May 29 order, the court called it a matter of medical emergency in which the woman's life was in danger though no foetal abnormality was diagnosed. The woman moved the high court seeking permission to terminate her pregnancy, which was of 27 weeks at the time, as doctors opined a serious risk to the her life if the pregnancy continued. She moved the court as doctors expressed their inability to proceed due to the statutory restrictions under the MTP Act, limiting such procedures to 20 weeks in ordinary cases and 24 weeks in certain categories such as rape survivors. The woman said she was undergoing treatment for her condition at a private hospital in Gurugram and she learnt about her pregnancy only on April 22. She subsequently approached Safdarjung Hospital in the national capital and over the following few weeks, the doctors conducted a series of tests, informing her about her 27-week pregnancy on May 19 and the complications it posed. Safdarjung Hospital was represented by senior panel counsel Farman Ali. During the hearing, the judge interacted with a doctor of the hospital through video-conferencing when she informed about the petitioner's chronic kidney disease, warranting the termination of her pregnancy.
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Business Standard
4 days ago
- Health
- Business Standard
Hosps shouldn't insist on ID proof of rape survivors seeking abortion: HC
The Delhi High Court has asked hospitals in the national capital to refrain from demanding ID proofs of rape survivors seeking termination of their pregnancy on orders of courts. Justice Swarana Kanta Sharma also underlined the pressing need for "clear, practical and sensitive" medical protocols for such survivors, particularly minors. Lack of clarity on procedures, insistence on identity documents, and the delay in carrying out necessary medical examinations such as ultrasound have all contributed to the further distress of the victim in this case, the court said. "Hospitals and medical institutions must be sensitised to the fact that cases involving victims of sexual assault, especially minor girls, require a more responsive and sensitive approach," the court said on May 29. Medical protocols, it said, must align not only with statutory obligations, but also with compassion, practicality, and an understanding of the unique challenges that survivors of sexual violence face. "Where the victim of sexual assault (major or minor) is accompanied by the investigating officer or has been produced pursuant to direction of a court or CWC, identification proof/ identity card of the victim shall not be insisted upon by hospital and doctor concerned for the purpose of conducting ultrasound or any relevant/ necessary diagnostic procedure. The identification by the IO will suffice in such cases," the verdict said. The matter at hand related to a minor rape survivor who sought medical termination of pregnancy. The court issued a slew of directions to all stakeholders to ensure clarity and uniformity in handling cases of sexual assault in which the survivor was pregnant. The court directed that in all cases, a comprehensive medical examination should be conducted without any delay by the hospital and doctor concerned. It should be the responsibility of the investigating officer (IO) to identify the victim and ensure that when she is produced before the doctor, hospital or medical board, necessary documents and case file pertaining to the victim are carried by the police officer, the court said. "In cases of rape victims, where the gestational period exceeds 24 weeks, the medical board shall be constituted immediately, and without waiting for any specific direction from the court, the board shall conduct the necessary medical examination and prepare an appropriate report at the earliest and place before appropriate authorities," it said. The consent for medical termination of pregnancy should be obtained from the victim or her guardian in the vernacular language understood by them, it noted. "The hospital administration is directed to make available the latest, updated Standard Operating Procedure (SOP) and relevant legal guidelines in both emergency and gynaecology departments, and to ensure that duty doctors are briefed and sensitised regularly regarding their obligations under the MTP Act, POCSO Act, and guidelines laid down by the Supreme Court and high courts," the court said. The minor survivor in the case was turned away by the hospital authorities on the ground that a judicial order was first required before any medical assessment could be carried out by the medical board. The report prepared by AIIMS recorded that there was an urgency in the matter and clinical indications suggested a pregnancy of about 20 weeks. However, the attending medical personnel at the hospital declined to conduct an ultrasound on the ground that no identity card of the survivor was available and further insisted on conducting an ossification test on her. She was not examined by a medical board as it was opined by the doctor concerned that a court order was required since the pregnancy exceeded 24 weeks. Noting the contradictions and to avoid any confusion, the court passed a specific order directing AIIMS to conduct medical termination of pregnancy (MTP) of the minor rape survivor on May 5 but stressed on passing a reasoned judgment later, addressing the procedural lapses and systemic issues.
NDTV
4 days ago
- Health
- NDTV
Hospitals Shouldn't Insist On ID Proof Of Rape Survivors Seeking Abortion: High Court
New Delhi: The Delhi High Court has asked hospitals in the national capital to refrain from demanding ID proofs of rape survivors seeking termination of their pregnancy on orders of courts. Justice Swarana Kanta Sharma also underlined the pressing need for "clear, practical and sensitive" medical protocols for such survivors, particularly minors. Lack of clarity on procedures, insistence on identity documents, and the delay in carrying out necessary medical examinations, such as ultrasound, would have all contributed to the further distress of the victim in this case, the court said. "Hospitals and medical institutions must be sensitised to the fact that cases involving victims of sexual assault, especially minor girls, require a more responsive and sensitive approach," the court said on May 29. Medical protocols, it said, must align not only with statutory obligations, but also with compassion, practicality, and an understanding of the unique challenges that survivors of sexual violence face. "Where the victim of sexual assault (major or minor) is accompanied by the investigating officer or has been produced pursuant to direction of a court or CWC, identification proof/ identity card of the victim shall not be insisted upon by hospital and doctor concerned for the purpose of conducting ultrasound or any relevant/ necessary diagnostic procedure. The identification by the IO will suffice in such cases," the verdict said. The matter at hand related to a minor rape survivor who sought medical termination of pregnancy. The court issued a slew of directions to all stakeholders to ensure clarity and uniformity in handling cases of sexual assault in which the survivor was pregnant. The court directed that in all cases, a comprehensive medical examination should be conducted without any delay by the hospital and doctor concerned. It should be the responsibility of the investigating officer (IO) to identify the victim and ensure that when she is produced before the doctor, hospital or medical board, necessary documents and case file pertaining to the victim are carried by the police officer, the court said. "In cases of rape victims, where the gestational period exceeds 24 weeks, the medical board shall be constituted immediately, and without waiting for any specific direction from the court, the board shall conduct the necessary medical examination and prepare an appropriate report at the earliest and place before appropriate authorities," it said. The consent for medical termination of pregnancy should be obtained from the victim or her guardian in the vernacular language understood by them, it noted. "The hospital administration is directed to make available the latest, updated Standard Operating Procedure (SOP) and relevant legal guidelines in both emergency and gynaecology departments, and to ensure that duty doctors are briefed and sensitised regularly regarding their obligations under the MTP Act, POCSO Act, and guidelines laid down by the Supreme Court and high courts," the court said. The minor survivor in the case was turned away by the hospital authorities on the ground that a judicial order was first required before any medical assessment could be carried out by the medical board. The report prepared by AIIMS recorded that there was an urgency in the matter, and clinical indications suggested a pregnancy of about 20 weeks. However, the attending medical personnel at the hospital declined to conduct an ultrasound on the grounds that no identity card of the survivor was available and further insisted on conducting an ossification test on her. She was not examined by a medical board as it was opined by the doctor concerned that a court order was required since the pregnancy exceeded 24 weeks. Noting the contradictions and to avoid any confusion, the court passed a specific order directing AIIMS to conduct medical termination of pregnancy (MTP) of the minor rape survivor on May 5 but stressed on passing a reasoned judgment later, addressing the procedural lapses and systemic issues.
Hindustan Times
4 days ago
- Health
- Hindustan Times
Hospitals shouldn't insist on ID proof of rape survivors seeking abortion: Delhi HC
New Delhi, The Delhi High Court has asked hospitals in the national capital to refrain from demanding ID proofs of rape survivors seeking termination of their pregnancy on orders of courts. Justice Swarana Kanta Sharma also underlined the pressing need for "clear, practical and sensitive" medical protocols for such survivors, particularly minors. Lack of clarity on procedures, insistence on identity documents, and the delay in carrying out necessary medical examinations such as ultrasound have all contributed to the further distress of the victim in this case, the court said. "Hospitals and medical institutions must be sensitised to the fact that cases involving victims of sexual assault, especially minor girls, require a more responsive and sensitive approach," the court said on May 29. Medical protocols, it said, must align not only with statutory obligations, but also with compassion, practicality, and an understanding of the unique challenges that survivors of sexual violence face. "Where the victim of sexual assault is accompanied by the investigating officer or has been produced pursuant to direction of a court or CWC, identification proof/ identity card of the victim shall not be insisted upon by hospital and doctor concerned for the purpose of conducting ultrasound or any relevant/ necessary diagnostic procedure. The identification by the IO will suffice in such cases," the verdict said. The matter at hand related to a minor rape survivor who sought medical termination of pregnancy. The court issued a slew of directions to all stakeholders to ensure clarity and uniformity in handling cases of sexual assault in which the survivor was pregnant. The court directed that in all cases, a comprehensive medical examination should be conducted without any delay by the hospital and doctor concerned. It should be the responsibility of the investigating officer to identify the victim and ensure that when she is produced before the doctor, hospital or medical board, necessary documents and case file pertaining to the victim are carried by the police officer, the court said. "In cases of rape victims, where the gestational period exceeds 24 weeks, the medical board shall be constituted immediately, and without waiting for any specific direction from the court, the board shall conduct the necessary medical examination and prepare an appropriate report at the earliest and place before appropriate authorities," it said. The consent for medical termination of pregnancy should be obtained from the victim or her guardian in the vernacular language understood by them, it noted. "The hospital administration is directed to make available the latest, updated Standard Operating Procedure and relevant legal guidelines in both emergency and gynaecology departments, and to ensure that duty doctors are briefed and sensitised regularly regarding their obligations under the MTP Act, POCSO Act, and guidelines laid down by the Supreme Court and high courts," the court said. The minor survivor in the case was turned away by the hospital authorities on the ground that a judicial order was first required before any medical assessment could be carried out by the medical board. The report prepared by AIIMS recorded that there was an urgency in the matter and clinical indications suggested a pregnancy of about 20 weeks. However, the attending medical personnel at the hospital declined to conduct an ultrasound on the ground that no identity card of the survivor was available and further insisted on conducting an ossification test on her. She was not examined by a medical board as it was opined by the doctor concerned that a court order was required since the pregnancy exceeded 24 weeks. Noting the contradictions and to avoid any confusion, the court passed a specific order directing AIIMS to conduct medical termination of pregnancy of the minor rape survivor on May 5 but stressed on passing a reasoned judgment later, addressing the procedural lapses and systemic issues.
Hindustan Times
28-05-2025
- Health
- Hindustan Times
Haryana tightens noose on illegal abortions: 3 medical shops sealed, 6 FIR's registered in a week
Intensifying crackdown on the illegal sale of medical termination of pregnancy (MTP) kits, Haryana authorities have seized 1,787 kits from seven districts in the last week—May 20-26, tightening surveillance and enforcement to curb misuse of abortion drugs. After the state task force was set up on February 6 to improve Haryana's sex ratio at birth (SRB) under the flagship Beti Bachao-Beti Padhao campaign, authorities have seized about 8,800 MTP kits, registered over 50 FIRs, including at least 18 against online sellers of the kits. As the crackdown is part of Haryana's broader strategy to prevent sex-selective abortions through coordinated monitoring, Food and Drugs Administration (FDA) registered six first information reports (FIRs) in the last week alone, sealed three medical shops, and two medical firms were served notices under the Drug and Cosmetics Rules, 1945, for regulatory violations, according to official data. The violations under the MTP Act are punishable with rigorous imprisonment ranging from two to seven years. These offences are cognisable, non-bailable and non-compoundable. The largest seizure was reported from Yamunanagar, where 1,740 kits were recovered from a distributor operating in Professor Colony. The remaining seizures were made in Gurugram (6), Ambala (1), Palwal (3), Panipat (20), Jind (13), and Rewari (4). 'During inspection at Dezire distributors in Yamunanagar, FDA officials found 1,740 Rule 96 of the Drugs Rules,1945. Of these, 40 kits were taken for testing and analysis, while the rest were sealed,' Manmohan Taneja, state drug controller of Haryana said. 'Prosecution under the Drugs and Cosmetics Act will be launched after following due procedure. The FDA is vigorously going after those involved in this racket of selling MTP kits illegally. Ever since the crackdown was launched, over 50 people have been booked for illegal sale of MTP kits.' As part of the intensified drive, the number of wholesale dealers selling MTP kits has been slashed from 32 to just six within a month. Officials said 373 MTP kits were sold last week to registered MTP centres in the state by six wholesalers, marking a declining trend in the legal sales of these kits. In a parallel enforcement effort during the previous week (May 13–19), the authorities conducted 50 inspections, closed 25 MTP centres, registered three FIRs, and seized 921 MTP kits. Licences of two doctors—one in Kurukshetra and another in Assandh (Karnal)—were suspended for malpractice and guideline violations. To check illegal abortions and protect the rights of the girl child, the additional chief secretary (ACS-health and family welfare) Sudhir Rajpal has also launched a personalised support system. Over 50,000 pregnant women with one or more daughters have been assigned an ASHA or anganwadi worker as a SAHELI (companion) for counselling and close monitoring. Any suspicious abortion in such cases will trigger an investigation and accountability of the SAHELI involved, top government officials said. Meanwhile, on Tuesday, Rajpal reviewed the steps being taken by the STF set up in February to monitor progress achieved in curbing illegal abortions under the flagship 'Beti Bachao-Beti Padhao' campaign. The ACS directed officials to hold senior medical officers accountable in all community health centres (CHOs), ensuring that no illegal abortions occur within their jurisdictions. Henceforth, SMOs will hold weekly meetings with medical officers and CHOs every Tuesday, while chief medical officers were directed to hold meetings with SMOs every Wednesday to review efforts against illegal abortions and improve the sex ratio.
