MADURAI: Observing that a doctor does not bear the responsibility of verifying the victim’s age or ascertaining whether any offence has been committed in cases of abortion, the Madurai Bench of the Madras High Court quashed a criminal case against a 70-year-old doctor at a private hospital in Tiruchy. The doctor was accused of attempting to abort the foetus of an unmarried pregnant girl and failing to report the case to the police.
Justice K Murali Shankar passed the order on a petition filed by Dr Jenbagalakshmi, seeking to quash the FIR registered against her by the Srirangam All Women Police.
The judge noted that the victim’s sister had lodged the complaint based on information received from her maternal aunt. He also pointed out that during the final hearing, the additional public prosecutor conceded that the investigation revealed the victim was an adult. The judge cited precedents set by the Supreme Court in various cases, stating that the doctor is not responsible for verifying the victim's age.
The postmortem report also did not indicate that the victim died during the abortion procedure, the judge noted, and quashed the FIR against the doctor. Terming doctors as the ‘guardians of life’ and stating that it is high time for society to preserve the sanctity of the medical profession and the dignity of doctors, the judge opined, “It is crucial to accord doctors the respect and dignity they deserve, as failing to do so can have devastating consequences on society.”
According to the prosecution, at the time of the incident, the victim was a 17-year-old paramedical student in a relationship with Ramkumar, who had impregnated her. The girl’s family took her to Dr Jenbagalakshmi for an abortion in February 2024.
During the abortion, the victim failed to cooperate, leading to profuse bleeding, and she was shifted to Tiruchy government hospital where she died the next day, the prosecution said. Based on a complaint by the victim’s sister, N Mala, the police booked Ramkumar, the victim’s aunt, and the doctor under various sections of the IPC and the POCSO Act.
However, the doctor’s counsel contended that, at the time of admission, the victim claimed to be 18 years old. The doctor also refused to perform an abortion without informing the police and had treated the victim only for low haemoglobin levels, firmly advising her aunt to take her to the government hospital for a blood transfusion. However, the girl bled from her vagina and died despite being shifted to the government hospital, the counsel said.