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Orissa High Court allows pregnancy termination of sickle cell anemia-affected minor girl

Granting sanction for medical termination of pregnancy of a Sickle Cell Anaemia and Epilepsy affected 13-year-old girl, the Orissa High Court on Monday directed the State Government to develop a comprehensive standard operating procedure (SOP) for medical termination of pregnancy, ensuring adherence to the pre-requisites.

Orissa High Court allows pregnancy termination of sickle cell anemia-affected minor girl

High Court Of Orissa

Granting sanction for medical termination of pregnancy of a Sickle Cell Anaemia and Epilepsy affected 13-year-old girl, the Orissa High Court on Monday directed the State Government to develop a comprehensive standard operating procedure (SOP) for medical termination of pregnancy, ensuring adherence to the pre-requisites.

The minor, victim of rape in August last and bearing the burden of unwanted, is currently admitted at MKCG Medical College, Berhampur, undergoing treatment for her pregnancy and disabilities. A medico-legal examination was conducted on 11 February last by the Medical Officer of a Government-run hospital. The report confirmed the minor’s Sickle Cell Anaemia and Epilepsy.

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The Medical Board responding to court order had earlier rendered a unanimous opinion, unequivocally stating that the continuation of the pregnancy poses a risk of life-threatening complications for the victim and carrying the pregnancy to full term would severely impact her physical and mental well-being. The Board concluded that immediate medical intervention is necessary to safeguard her health and life.

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A Single Bench of High Court Justice Dr SK Panigrahi in an order pronounced on Monday directed the authorities to ensure that the pregnancy termination procedure is carried out without further delay or obstruction.

Justice Panigrahi also issued directions to the Health and Family Welfare Department to develop a comprehensive SOP for medical termination of pregnancy, ensuring adherence to the pre-requisites.

The SOP shall be drafted in consultation with medical experts specializing in obstetrics, gynaecology, and reproductive health, alongside legal professionals well-versed in medical jurisprudence, the order stated.

Upon finalization, the SOP shall be formally notified and disseminated to all Government and Private Healthcare Institutions across the State.

The SOP should ensure a smooth and timely process for medical termination of pregnancy, removing avoidable delays and preventing the patient from facing unnecessary bureaucracy or drawn-out legal struggles.

The concerned authorities shall ensure that psychological counselling services are made available to the patient. In cases involving minors, a qualified child psychologist shall be engaged to provide appropriate support.

The Health and Family Welfare Department shall periodically review the implementation of the SOP and take necessary corrective measures to address any procedural inefficiency, the judgment concluded.

The Police Stations need to be sensitized by way of issuing proper directions/instructions to immediately rope in the District Legal Service Authority/Para-Legal Volunteers available nearer to them so that any kind of legal assistance can be easily provided to the victims of rape who bear the brunt of pregnancy.

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