Bombay High Court Directs Maharashtra Government to Decide on FIR Registration in Satara Hospital Infant Death Case
The Bombay High Court's Kolhapur bench issued a significant directive on Thursday, ordering the Maharashtra government to make a decision regarding the registration of a First Information Report (FIR). This order follows a damning inquiry report that indicted the Satara district civil surgeon and a gynaecologist in a tragic case involving a 17-year-old rape survivor. The survivor alleged that her newborn baby was starved to death for DNA sampling after an unsuccessful medical termination of pregnancy at the civil hospital.
Inquiry Report Exposes False Claims and Negligence
The High Court highlighted that the inquiry report by Principal Secretary-2 (Public Health) E Ravendiran establishes that the civil hospital submitted a "totally false" report on March 16, falsely claiming the medical termination of pregnancy was successful. In reality, the victim gave birth to a girl child. The report clearly states that the newborn baby was not provided any treatment for approximately 11 hours, leading to the infant's death.
"The report shows that after this court passed the order dated March 18, 2026, an attempt has been made to fabricate the record to create an appearance of treatment being given to the child," the bench observed. The court emphasized the gravity of the situation, noting the survivor's allegations that despite pleas from her, her mother, and a child welfare officer, the hospital authorities allowed the baby to starve.
Legal Proceedings and Government Action
The survivor, who was raped in Chadchan town of Vijaypur district in Karnataka, was admitted to Satara Civil Hospital for the medical termination of pregnancy. A zero FIR was lodged in Satara and transferred to Chadchan police, where a case under the POCSO Act has been registered, and the accused has been arrested. The civil hospital authorities had initially directed the survivor to approach the High Court for the MTP, which she did, receiving permission on March 7. The procedure was carried out on March 16.
Following the survivor's complaint, the High Court ordered an enquiry by the principal secretary (public health). The subsequent report recommended the suspension of Civil Surgeon Dr Yuvraj Karpe and Gynaecologist Dr Chandsaheb Shikalgar, along with initiating a departmental inquiry against them. The government informed the bench, comprising Justice Madhav J Jamdar and Justice Pravin S Patil, that both officials have been suspended.
Court Directives for Protection and Support
In addition to the FIR directive, the bench issued several crucial orders to ensure the survivor's safety and well-being. The Satara Superintendent of Police has been directed to ensure continued police protection for the survivor, while the Kolhapur SP must provide protection to advocate Mohansinh Rajput, who is representing her before the High Court.
The court also ordered the High Court Legal Services or District Legal Service Authority to take immediate steps to provide the survivor with necessary treatment and counselling by a private psychiatrist, covering all associated costs. Furthermore, para-legal volunteers are to be appointed to assist the survivor throughout the legal process.
Next Steps and Ongoing Scrutiny
The High Court has posted the matter for the next hearing on April 7, where further developments will be reviewed. The bench instructed the learned Additional Government Pleader to obtain instructions from the Principal Secretary of the Government of Maharashtra regarding the state's planned actions. This case underscores the critical need for accountability in healthcare and legal systems, particularly in sensitive matters involving minors and survivors of sexual violence.
