Stating that its order for termination of pregnancy in a minor rape victim was not complied with, the Allahabad High Court has ordered the Principal Secretary (Medical and Health) to probe into the role of the Head of the Gynaecology Department at Moti Lal Nehru Medical College and doctors at its associated Swaroop Rani Hospital in Prayagraj for putting the life of the girl at risk by performing C-section surgery to deliver the child. The court stated that it was a “fit” case for action against the doctors for having “played with the life of a rape victim”.Hearing a petition for the termination of pregnancy of a minor rape victim, the bench of Justice Ajit Kumar and Justice Garima Prashad had earlier constituted a medical board to give its opinion on the request.While giving no categorical opinion either in favour of or against the termination of pregnancy, the medical board had recorded that the foetus, of approximately 29 weeks, had crossed the stage of viability and that, since it was a high-risk pregnancy, both its continuation and termination carried associated medical risks.Also Read | Abortion beyond 20 weeks: Whose rights prevail? The woman’s or that of the foetus?While the girl’s Aadhaar card put her age at 13 years, the radiological examination, carried out by the medical board in August, estimated her age to be 16 years.The medical board told the court that the minor “appeared to understand the nature and consequences” of the termination of pregnancy, and expressed her desire not to continue the pregnancy, saying that its continuation would cause further harm to her mental health.The bench, earlier on September 16 and again on Monday, directed the chief medical superintendent (CMS) of the Swaroop Rani Nehru Hospital in Prayagraj to admit the minor and terminate the pregnancy on Tuesday by the “safest medically permissible procedure”, after completing the requisite formalities and ensuring all necessary medical safeguards.Also Read | ‘No court ought to compel any woman’: Supreme Court allows 15-year-old to terminate 7-month pregnancy“The procedure shall be performed by an appropriate team of specialist doctors,” the Bench ordered, and fixed the next date for hearing in the matter to September 29.Story continues below this adHowever, on Wednesday morning, an urgent application was moved in the court, stating that the order for termination of pregnancy of the minor rape victim had not been complied with.The bench then directed the HOD (Gynaecology) at Motilal Nehru Medical College and Associated Swaroop Rani Nehru Hospital in Prayagraj, as well as the hospital’s Medical Superintendent, to appear before the court at 2 pm the same day to explain why the order was not complied with.At 2 pm, the court was informed that since Dr Amrita Chaurasia, the HoD of Gynecology Department, was out of station, the officiating in-charge Dr Vandana Ojha was present before the court along with Dr Aiman Abbasi, the assistant professor of the medical college, who had performed the surgery.Also Read | She got pregnant as a minor. Abortion in the shadow of POCSO came with many hurdlesIn her statement to the court, Dr Ojha said the induction process for termination of pregnancy through vaginal passage was started on Tuesday evening, but it failed. As a result, it was decided to perform the delivery through surgery.Story continues below this adWhen asked why she performed the C-Section surgery instead of terminating the pregnancy, Dr Abbasi replied that it could not be done due to certain complications. Therefore, she said, it was decided to deliver the child through cesarean mode. She, however, could not disclose who authorised or ordered her for the surgery. Dr Ojha, too, did not admit whether she directed the doctors to perform the surgery.Holding Dr Chaurasia and her team of doctors prima facie guilty of deliberate negligence in not complying with the court’s order, the Bench said, “It is a fit case where appropriate proceedings may be directed to be drawn against all of them for having played with the life of a rape victim whose application was for medical termination of pregnancy.”Also Read | Termination of minor’s pregnancy: In past, courts allowed Govt stand of carrying foetus to full termThe court, in its order, said no explanation was offered as to under what circumstances the induction method failed. “What is very surprising is that Dr Chaurasia, without giving any explanation, left for outstation. Dr Abbasi, who conducted the surgery, has also not disclosed as to who issued the direction to get the cesarean delivery done. Both the victim and the mother had clearly given consent that, at their own risk, the medical termination be done and they did not want the baby to be born,” the order stated.Stating that there should be an inquiry to “fix the responsibility of the doctors, including Dr Amrita Chaurasia, who had the primary duty to ensure that the order of the High Court stands complied with in its letter and spirit”, the Bench ordered the Principal Secretary (Medical and Health) to himself probe the matter, and submit a report in two weeks.Story continues below this adListing the next date of hearing for October 12, the court directed the hospital to take full care of the minor and to discharge her only after full recovery. The Bench also directed the hospital to take care of the cesarean-born child, who should not be handed over to anyone without the court’s permission.