Bombay High Court Reprimands Maharashtra Government Over Violation of Judicial Order
The Bombay High Court's Kolhapur bench delivered a stern rebuke to the Maharashtra state government on Wednesday, stopping just short of taking punitive action after the administration withdrew a decision that directly contravened a previous court directive. The controversy centers on the tragic case of a newborn baby girl who allegedly starved to death at the Satara civil hospital, following a court-approved medical termination of pregnancy (MTP) for a 24-week pregnant rape survivor.
Violation of Court Order and Government Justification
In a significant development, the bench comprising Justices Madhav J Jamdar and Pravin S Patil observed that the government's conduct in forming an inquiry committee was "in fact, in violation" of the court's March 18, 2026 order. That original directive had specifically tasked the principal secretary of the public health department with investigating the harrowing incident where the newborn was reportedly denied nutrition despite desperate pleas from the survivor, her mother, and a child welfare officer.
The state government attempted to justify its actions by claiming that the principal secretary was unavailable until April 24, 2026. However, the bench firmly rejected this explanation, stating: "If it is the contention of the Government of Maharashtra that principal secretary of the public health department is not available, then the government should have immediately approached this court pointing out the said fact, and by no stretch of imagination, could the government have taken a decision in violation of the order dated March 18, 2026 passed by this court."
Court's Decision and New Directives
While the bench noted that "prima facie we are of the opinion that the order dated March 18, 2026, has been violated by issuance of the Government Resolution (GR) dated March 24, 2026," it decided against further action since the government subsequently withdrew the controversial GR through another resolution dated March 25, 2026.
The court then issued fresh directives, ordering E Ravendiran, secretary of the public health department, to "immediately carry out a thorough inquiry into the incident" and submit a report by April 2, 2026, when the matter is scheduled for its next hearing. Ravendiran has been instructed to:
- Conduct a detailed investigation considering all contentions raised in an additional affidavit filed by the survivor's mother
- Examine material evidence produced by the petitioner and her family members
- Review footage from seven CCTV cameras seized from the hospital premises
Protection and Support for the Survivor
In a crucial development highlighting ongoing threats, the court directed the concerned superintendent of police to provide immediate police protection to the survivor and her family members, noting that such protection had not been provided despite previous directives. The bench acknowledged that pressure was being exerted on the victim and her family.
Recognizing the profound trauma experienced by the survivor, the court further ordered the state government to provide comprehensive treatment and counseling through a reputable psychiatrist, with all expenses to be borne by the state administration.
Background of the Case
The survivor, who was raped in Chadchan town of Vijaypur district in Karnataka, was admitted to Satara civil hospital for the MTP procedure. Hospital authorities directed her to approach the High Court for permission, which she obtained through an order dated March 7, 2026. The termination was subsequently performed on March 16, 2026, leading to the tragic circumstances that prompted the court's intervention and the current legal proceedings.
