Court directs investigation into hospital's failure in Medical Termination of Pregnancy, raising serious allegations of misconduct and potential murder.
The Bombay High Court has initiated a thorough investigation into a shocking incident involving alleged medical negligence and misconduct at the Civil Hospital, Satara, following a failed Medical Termination of Pregnancy (MTP) procedure that resulted in the birth and subsequent death of a newborn. The court has directed the Principal Secretary of the Public Health Department to conduct an immediate and comprehensive inquiry into the matter and submit a report by March 25, 2026.
The case revolves around a minor petitioner, XYZ, who had been subjected to sexual assault and was granted permission for MTP beyond the 24-week period due to severe physical and mental health implications. Despite the court's order dated March 7, 2026, for the best medical care during the procedure, the hospital allegedly failed the MTP on March 16, 2026, resulting in a live birth. The newborn was reportedly starved to death for DNA sampling, despite pleas from the petitioner, her mother, and a child welfare officer.
Serious allegations have been leveled against the hospital authorities for their gross negligence and misconduct. The court has highlighted potential criminal liabilities under Sections 304A, 302, and 304 of the Indian Penal Code, suggesting possible charges of causing death by negligence, murder, and culpable homicide. Additionally, the incident raises concerns under the Juvenile Justice Act, 2015, for child endangerment.
In response to the grave allegations, the court has ordered the seizure of CCTV footage from the hospital dated March 16, 2026, and instructed the District Woman and Child Development Officer, Satara, to file an affidavit. The Superintendent of Police, Satara, has also been directed to provide immediate protection to the petitioner and her family members, who reportedly faced threats following the incident.
The petitioner has sought immediate registration of an FIR against the involved hospital staff under relevant IPC sections, along with a departmental inquiry and suspension pending investigation. The court is also considering imposing exemplary costs and fines on the hospital for contempt of court due to their failure to comply with the court's order for best medical treatment.
The case has raised significant concerns regarding hospital protocols and the prioritization of DNA sampling over life-saving measures. The Bombay High Court remains committed to ensuring justice and has set the next hearing for March 25, 2026, to review the findings of the ongoing investigation.
Bottom Line:
Medical Termination of Pregnancy (MTP) beyond 24 weeks - Allegations of gross negligence, misconduct, and violation of court orders by hospital authorities resulting in trauma to minor petitioner and starvation of newborn child born during failed MTP procedure.
Statutory provision(s): Medical Termination of Pregnancy Act, 1971, Indian Penal Code Sections 304A, 302, 304, Contempt of Courts Act, 1971, Protection of Children from Sexual Offences Act, 2012, Juvenile Justice (Care and Protection of Children) Act, 2015, Bharatiya Nyaya Sanhita, 2023.
XYZ v. State of Maharashtra, (Bombay)(DB)(Circuit Bench at Kolhapur) : Law Finder Doc id # 2870710
