The Allahabad high court has sought the prescribed consent form, signed by the guardian of a 13-year-old rape survivor, before a surgical procedure was performed on her despite the court’s direction for medical termination of her pregnancy (MTP).
A division bench comprising justices Ajit Kumar and Garima Prashad directed additional advocate general Kartikeya Saran, appearing for the state, to place the relevant details before it on the next date of hearing on October 26.
Holding that the circumstances in which the prescribed form was or was not signed required clarification, the court directed the state counsel to place the relevant details before it at the next hearing. Chief medical superintendent of SRN Hospital Dr Neelam Singh and the chief medical officer of Prayagraj, who were present in court, acknowledged that a prescribed form was available for obtaining the signature of a patient’s caretaker or guardian when the patient was undergoing surgery, particularly in a critical condition. The minor had approached the high court seeking permission to terminate the pregnancy, stating that its continuation would further harm her mental health.
The matter concerns a 13-year-old rape survivor whose pregnancy had crossed the statutory 24-week threshold for medical termination.
The court passed the order on October 12 after taking on record an affidavit filed by Dr Amrita Chaurasia, head of the department of obstetrics and gynaecology at Motilal Nehru Medical College and its associated Swaroop Rani Nehru Hospital (SRN), Prayagraj. However, as induction was not possible, a surgical procedure was undertaken on September 23, 2026, at 10.51 am, she said. Dr Chaurasia stated that two qualified doctors, Dr Aiman Abbasi and Dr Monika Yadav, had been specifically assigned to carry out the MTP in compliance with the court’s order. The affidavit further stated that the infant was shifted to a children’s hospital owing to its medical condition and died the following day. The minor, meanwhile, had received appropriate care, was in good health and had been discharged, the court was informed.
