The Allahabad High Court, while expressing dissatisfaction with the functioning of a Medical Board in a sensitive case involving a pregnant minor, observed that merely stating to the victim that “you will be taken care of” is not sufficient.
The Court held that in such situations the authorities must have a detailed discussion with the victim regarding the available options and her rights, and described the approach of the Medical Board as insensitive.
The Court observed,
“The report has shocked the consciousness of this Court, i.e. in spite of specific instructions in person to the C.M.O. Hathras and a detailed order being passed by this Court explaining the urgency in the facts of the present case and the requirement of a report, which should specifically indicate that the the petitioner was counselled not only with respect to her medical health and the,, consequences of abortion; but also in case that she continues with the pregnancy and delivers a child, there shall be no responsibility thereafter to the petitioner with respect to the medical charges or that of the child, as a mother.”
The order was passed by a Division Bench comprising Justice Atul Sreedharan and Justice Siddharth Nandan while hearing a petition filed by the minor seeking the Court’s intervention for an appropriate medical decision regarding her pregnancy.
The Court observed that in termination of pregnancy cases, especially those involving minors, mere medical formalities are inadequate. The dignity of the victim, informed consent and the constitutional responsibility of the State must be given paramount importance.
It may be noted that in compliance with the Court’s earlier directions, a report of the Medical Board of J.N. College Hospital, Aligarh, was submitted in a sealed cover. However, the Court criticised the report for its omission to clarify whether informed counselling had been provided to the petitioner regarding both termination and continuation of pregnancy, as well as the medical risks and legal consequences attached to each course of action.
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The Court further submitted that merely providing details of medical examinations was inadequate. It was essential for the report to reflect the victim’s wishes, her mental condition, and the process through which an informed decision could be made.
Considering the seriousness of the matter, the Court issued detailed directions clarifying the responsibilities of the State and medical authorities. It directed that the Medical Board convene again under the chairmanship of the Secretary of the District Legal Services Authority.
The Court also directed that a psychologist be included in the Board so that the minor’s physical, mental and emotional condition could be comprehensively assessed.
The authorities were also directed to clearly inform the petitioner about the medical risks associated with abortion as well as the legal position in the event she chooses to continue the pregnancy, including the State’s responsibility to take full charge thereafter.
A fresh report was directed to be prepared in a sealed cover and all concerned officers were asked to appear personally before the Court. The Court also directed that the Principal of J.N. College Hospital, Aligarh Muslim University, be impleaded as a necessary party.
Counsel for the petitioner argued that the Medical Board had failed to conduct counselling in a sensitive manner and had neither explained the legal position nor provided the psychological assistance necessary for an informed decision.
The Court further emphasised that if the petitioner chooses to continue with the pregnancy and delivers the child, the entire responsibility for the child’s upbringing, medical expenses and adoption would lie with the State, and the mother would bear no liability. It was necessary that this legal position be clearly explained to her.
Finally, the Court sought suggestions from the legal services authorities on whether, in future cases involving termination of pregnancy, officers of the District Legal Services Authority or panel advocates could act as coordinators to make the process of Medical Boards more sensitive and accountable.
The matter has been listed for the next hearing on March 16, 2026.
