The Orissa High Court has directed the state government to formulate a Standard Operating Procedure (SOP) for medical termination of pregnancy (MTP) within six months. The order follows a case involving a 13-year-old tribal girl, a sickle cell anaemia and epilepsy patient, who became pregnant after repeated sexual assaults in August 2024.
Delivering the verdict, Justice SK Panigrahi stressed that medical decisions should not be hindered by procedural obstacles. He highlighted the critical need for swift abortion access, particularly for rape survivors, noting that healthcare providers often hesitate due to fears of legal consequences.
The young girl’s pregnancy was discovered only after it had surpassed 24 weeks, exceeding the legal limit for abortion without court authorization. A medical board at MKCG Hospital recommended an urgent abortion to save her life, but the process stalled until the court stepped in, exposing systemic delays in referring such cases to medical boards.
Key SOP Guidelines
The court instructed the Health and Family Welfare Department to collaborate with experts in obstetrics, gynecology, reproductive health, and legal fields to create a comprehensive SOP. The SOP must:
Ensure Prompt Action: Facilitate swift medical and legal responses, avoiding unnecessary procedural delays.
Psychological Support: Include provisions for counseling, especially by child psychologists for minors.
Police Training: Sensitize police stations to involve legal aid services immediately to support victims.
Six-Month Implementation Timeline
The finalized SOP must be implemented across all government and private healthcare facilities. The court emphasized regular reviews of the SOP’s effectiveness and set a strict six-month deadline for its completion.
