Delhi HC Refuses Doctor's Plea to Quash Summons in Minor Pregnancy Termination Case
The court said the prosecution records support trial and upheld further investigation after the doctor challenged summons in the abortion case.
- On Wednesday, the Delhi High Court refused to quash summons against a doctor accused of terminating a minor's pregnancy without guardian consent, as Justice Purushaindra Kumar Kaurav upheld the trial court's order for further investigation.
- Prosecutors allege the doctor performed the termination on a 16-year-old girl in July 2019 after co-accused Anita falsely recorded her age as 20, with the survivor later claiming the physician conspired with Rishipal Chaudhary to forge documents.
- Defense advocates argued the doctor acted in good faith, but Justice Kaurav ruled practitioners cannot rely solely on unverified oral representations of age, emphasizing the duty to properly ascertain and record patient data.
- The court found sufficient evidence to warrant trial, noting the physician failed to report the offence as required by the POCSO Act, ensuring criminal proceedings continue regarding the alleged failure to follow mandatory legal safeguards.
- This ruling clarifies that a doctor's professional responsibility includes seeking documentary proof of a patient's age for invasive procedures, as the MTP Act does not regard a minor as capable of independently consenting to termination.
12 Articles
12 Articles
Doctors need to verify age before terminating minor’s pregnancy: Delhi HC
The Delhi High Court has held that a doctor cannot claim immunity from prosecution for allegedly terminating a minor’s pregnancy without her guardian’s consent merely because an accompanying adult claimed the patient was an adult
Delhi HC refuses to quash case against doctor for aborting minor’s pregnancy, not reporting it
The Delhi High Court has declined to interfere with the criminal proceedings against a doctor for “illegally” terminating a 16-year-old girl’s six-week pregnancy and failing to report the matter to the authorities. In his order on Wednesday, Justice Purushaindra Kumar Kaurav stated that a medical practitioner cannot rely solely on the oral assertion of a patient’s age while carrying out a medical termination of pregnancy. The court underscored t…
Delhi HC refuses doctor's plea to quash summons in minor pregnancy termination case
New Delhi: The Delhi High Court on Wednesday refused to quash the summons issued to a doctor accused of terminating the pregnancy of a minor rape victim without her consent. The Court also upheld the...
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