A probe revealed a newborn girl, born after a botched abortion of a rape victim, died of starvation while staff allegedly focused on DNA sampling (File image).The Bombay High Court’s Kolhapur circuit bench Tuesday expressed displeasure over the Maharashtra government’s refusal to file an FIR against Satara Civil Hospital officials for the alleged criminal negligence during the abortion of a 26-week-old rape victim, which resulted in the birth and subsequent death of her newborn. Terming the state’s stance “unfortunate,” the court questioned why a “serious incident” was being dismissed as mere procedural oversight.The high court on April 2 asked the state to decide on lodging an FIR on a “shocking” report submitted by E Ravindran, Secretary, Public Health, that indicted the Satara Hospital’s civil surgeon and gynaecologist for criminal negligence leading to the death of a newborn baby girl born to the minor rape survivor. The abortion procedure failed, resulting in the baby’s birth. The newborn later died, allegedly due to starvation, as the facility prioritised DNA sampling over life support.On Tuesday, the court referred to a letter dated April 6 from the Under Secretary, Public Health Department, which stated the Department’s position on lodging an FIR.A division bench of Justices Madhav J Jamdar and Pravin S Patil observed, “It is unfortunate that in spite of (a) very serious incident, the state government has taken a stand that (the) Public Health Department is of the view that FIR need not be lodged in the matter as the incident had taken place due to the administrative/procedural lapses.”Noting this, the court asked Advocate General Milind Sathe to appear for the government at the next hearing on April 16.Police ‘inaction’The bench also expressed “shock” at the lack of action by Satara’s Superintendent of Police (SP) on a written complaint by advocate Mohansinh Rajput, representing the petitioner, seeking protection due to threats by a few people.Despite a written complaint on March 28 and a subsequent High Court order on April 2 to provide protection, the local police claimed they had received no such complaint. The court has demanded an affidavit from the Satara SP explaining the position.Story continues below this adAdvocate Rajput informed the bench that while one psychiatric session has been conducted for the minor victim and her mother, the District Legal Services Authority (DLSA) has recommended several more sessions to address the severe trauma. The high court directed the DLSA to take all necessary steps for their mental well-being.‘Totally false’ reportOn March 7, a different high court bench authorised the abortion of the minor girl who was nearly 24 weeks pregnant, in accordance with the Medical Termination of Pregnancy (MTP) Act. A medical board recommended this decision to safeguard her physical and mental well-being. On March 18, Justice Jamdar’s bench directed the Public Health department to probe why the civil surgeon in his compliance report claimed the abortion was “successfully done”.On April 2, the high court cited the probe report and noted the civil surgeon’s compliance report was “totally false” since the newborn got no treatment for almost 11 hours, resulting in the baby girl’s death. The court then asked for the state’s view on filing an FIR against Dr Yuvraj Karpe, Satara’s civil surgeon, and gynaecologist Dr Chandsaheb Shikalgar.Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More © The Indian Express Pvt Ltd