Bombay High Court Expresses Dismay Over Maharashtra Government's Stance in Satara Baby Death Case
The Bombay High Court's Kolhapur bench on Monday voiced strong disapproval of the Maharashtra state government's position against registering a First Information Report (FIR) in a distressing 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 (MTP) at the Satara civil hospital.
Court's Stern Rebuke to Government Inaction
In a significant development, the bench comprising Justice Madhav J Jamdar and Justice Pravin P Patil remarked, "It is unfortunate that in spite of the very serious incident, the State Government has taken a stand that the Public Health Department is of the view that an FIR need not be lodged in the matter as the incident had taken place due to administrative or procedural lapses." The court further requested the Advocate General to appear in the matter, underscoring the gravity of the situation.
Government's Controversial Stance Revealed
This observation followed the submission of a letter dated April 6 by the under secretary of Maharashtra's Public Health Department, which outlined the government's stance. The letter indicated that the department believed no FIR was necessary, attributing the incident to lapses in procedure rather than criminal intent.
Previously, on April 2, the High Court had directed the Maharashtra government to decide on registering an FIR after an inquiry report implicated the Satara district civil surgeon and a gynaecologist in the case stemming from the failed MTP. In response, the government has already suspended Dr. Yuvraj Karpe, the Satara district civil surgeon, and Dr. Chandsaheb Shikalgar, the gynaecologist involved.
Additional Concerns Over Police Inaction
The bench also expressed shock over the lack of action by the Superintendent of Police (SP) in Satara regarding a complaint filed by the petitioner's advocate, Mohansinh Rajput. Rajput reported receiving threats and requested police protection, but the SP failed to take appropriate measures despite a court directive at the last hearing.
Consequently, the High Court has ordered the SP, Satara, to file an affidavit by April 15 and has mandated that police protection for Rajput continue until the next hearing date.
Ongoing Legal Proceedings and Support for Survivor
Rajput informed the court that the rape survivor and her mother have undergone one session of psychiatric counselling, with the psychiatrist recommending additional sessions for their recovery. The court has scheduled the next hearing for April 16 to further address the case.
This case highlights critical issues in healthcare protocols and legal accountability, with the High Court taking a firm stance to ensure justice is served amidst bureaucratic delays and procedural failures.
