The Punjab and Haryana High Court recently granted an anticipatory bail to an ayurveda gynecologist accused of conducting an unauthorized pregnancy termination.
In addition to granting temporary relief, a single-judge Justice Pankaj Jain acknowledged the arguments presented on behalf of the Ayurvedic practitioner (petitioner) stating that there is a legitimate debate regarding whether the current case involved pregnancy termination or premature delivery.
If it is determined to be a case of premature delivery, the petitioner’s counsel asserted that she would be eligible for the benefits outlined in a 2017 communication issued by the government of India. This communication permits certain practitioners of Indian medicine to perform such deliveries.
“In view of the legal provisions narrated above, the syllabus and curriculum of Ayurveda at UG and PG level as well as the office orders issued by the Ministry of Health and Family Welfare MH division it is evident that the doctors possessing qualification included in 2nd 3rd and 4th schedule of the IMCC Act, 1970 are entitled to perform deliveries of pregnant women,” the order reads.
Granting the petitioner anticipatory bail, the bench directed her to cooperate with the investigation. The case involves allegations of criminal conspiracy and offenses under the Medical Termination of Pregnancy Act (MTP Act).
Authorities received confidential information regarding an illicit abortion performed by a doctor at a hospital in Kaithal. To conduct an inspection, a team led by a civil surgeon was assembled.
During the hospital raid, it purportedly came to light that the abortion was sought due to the presence of water in the fetus’s head, a condition that could impact its development.
According to the prosecution, the Ayurveda doctor advised the couple to terminate the pregnancy, deeming it a ‘high-risk pregnancy.’
Last month, a First Information Report (FIR) was registered in the matter.
Before the Court, the counsel representing the Ayurvedic doctor asserted that she held a qualified Ayurveda Dhanwantri Prasooti Tantra and Streeroga degree and worked as a gynecologist in a nursing home.
Furthermore, it was stated that the entire procedure conducted by her had been documented and was in the possession of the investigating agency. Hence, there was no apprehension of the petitioner tampering with it, as per the counsel’s submission.
The Court granted relief to the petitioner and scheduled the next hearing for 26th September, 2023.
