Finding a Delhi-based doctor on the wrong side of the law for illegally terminating a date rape victim’s pregnancy as there was no written consent to the doctor for her abortion, Rohini Court additional sessions judge (ASJ) Dr Kamini Lau has decided to put the gynaecologist Dr Nisha Jain on trial.
While summoning her to face trial, the ASJ said, “Any doctor carrying out an abortion in utter disregard to the intent and object laid down under the Special Legislation (Medical Termination of Pregnancy Act, 1971) must be prepared to face legal consequences.”
Dr Nisha, head of a private hospital, is accused of terminating the pregnancy of the date rape victim on September 30, 2008.
Pointing out that a pregnancy can only be terminated under special circumstances as provided under the MTP Act, 1971, Justice Kamini Lau said that the medical fraternity too should be aware of the consequences of violating this Act. The court further said that the manner in which the doctor “twisted” procedures to “help” the accused who had allegedly raped the victim leaves much to be desired.
The court pointed out that the consent form for termination of pregnancy did not carry the signature of the victim.
The judge noted that Dr Nisha’s act of allegedly carrying the abortion of the victim without her consent has also resulted in destruction of evidence punishable under the Indian Penal Code (IPC).