The Orissa High Court on Monday directed that a 16-year-old rape survivor, who is over 31 weeks pregnant, be examined by experts at AIIMS-Bhubaneswar at the earliest to assess whether there is any possibility of termination of pregnancy. This order came after Capital Hospital cautioned against the procedure due to advanced gestation.
Court Order and Next Hearing
The High Court has asked AIIMS-Bhubaneswar to submit its report by May 6, when the matter is scheduled for the next hearing. The single-judge bench of Justice B.P. Routray directed that the minor be taken to the director of AIIMS-Bhubaneswar promptly. The order specified that the director should have the minor examined by a team of expert doctors or a medical board to provide an opinion on the possibility of termination.
Medical Report from Capital Hospital
On the day, a medical report was submitted by a team of doctors from Capital Hospital, Bhubaneswar, in compliance with a May 1 order. The High Court had earlier directed authorities to examine whether any safe alternative method could be used to end the pregnancy after a medical board ruled out termination at the advanced stage of over 30 weeks. The petitioners' counsel, Ramakanta Sarangi, had suggested the possibility of administering an intracardiac potassium chloride (KCL) injection as an alternative. However, Monday's report, prepared after examining the minor's case records, cautioned against termination at such an advanced stage, citing significant risks to her health and life.
Risks Highlighted by Medical Board
The medical board observed that procedures such as intracardiac injection of KCL, generally used in early stages of pregnancy or selective foetal reduction, are not commonly performed at such a late gestational age in otherwise normal pregnancies. The board also pointed out the absence of adequate expertise and facilities at Capital Hospital to carry out such specialised interventions.
The doctors further highlighted that the minor's Rh-negative (O negative) blood group increases the likelihood of complications like isoimmunisation, which may adversely impact her future pregnancies. Other risks flagged in the report include failed induction of labour, operative delivery, postpartum haemorrhage, disseminated intravascular coagulation, and the possible need for multiple blood transfusions. Significantly, the experts noted that delivering a dead foetus at this stage could pose greater danger to the mother than delivering a live baby.
HC Informed of Limited Facilities
During the hearing, Professor Sasmita Behuria reiterated that termination at 31 weeks and six days would be highly risky and could endanger the minor's life. The High Court was informed that facilities for administering KCL injection are not available at Capital Hospital but may be accessible at AIIMS-Bhubaneswar, particularly in its foetal medicine department.
Legal Context
Provisions of the Medical Termination of Pregnancy (Amendment) Act, 2021, do not permit a woman to terminate a pregnancy if it has crossed 24 weeks. The woman is required to seek the High Court's permission to do so. The case continues to be monitored as the court awaits the AIIMS report.
