New Delhi: Citing the provisions of the Medical Termination of Pregnancy (MTP) Act, the Orissa High Court has granted bail to a doctor, who was arrested for terminating the pregnancy of a rape survivor, on the good faith doctrine.
A bench of Justice SK Panigrahi observed that ‘only a prima facie view needs to be formed as to whether the doctor has acted in good faith or not.’
Justice Panigrahi referred to Section 3 of the MTP Act and held that the Act prescribes that no registered medical practitioner shall be held guilty of an offence under the IPC or any other law if pregnancy is terminated by him in accordance with the provisions of this Act.
“Explanation 1 of Section 3 of the MTP Act states that when any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman,” the bench noted in the judgment.
Referring to various judgments of the Supreme Court and high courts, Justice Panigrahi observed that the right approach in view of the statutory framework under the Act, which specifically provides that there is a presumption that any pregnancy caused on account of the rape of the victim shall be presumed a grave injury to the mental health of the victim. The High Court noted that the Legislature being cognisant of the malady existing in society has carved out an exception for such circumstances.
“What has also weighed in favour of the petitioner is the fact that the enquiry conducted by a board of doctors has rendered a finding that the doctor has acted in good faith,” the HC said.
The bench observed that the doctor followed the provisions of the MTP Act while terminating the pregnancy of the minor rape victim. The bench noted that the doctor terminated the pregnancy of the victim in a hospital maintained by the government and the doctor acted in good faith having believed that the consent of the lady constable who was taking care of the victim girl sufficiently complied with the law.
