LI Network
Published on: October 4, 2023 at 14:25 IST
The Punjab and Haryana High Court has reaffirmed that the sale of the Medical Termination of Pregnancy (MTP) kit alone does not constitute an offence punishable under the MTP Act.
Justice Pankaj Jain referred to the precedent set in Dr. Vandana Malik v. State of Haryana and decided to dismiss the FIR and subsequent proceedings against the petitioner, as the allegations failed to establish a case against the accused.
Also Read: Medical Termination of Pregnancy (Amendment) Act, 2021– An Analysis – Law Insider India
An FIR had been registered against the petitioner under Sections 15(2) and 15(3) of the Indian Medical Council Act, and Sections 3 and 4 of the Medical Termination of Pregnancy Act, 1971 (MTP Act) at the Civil Line Police Station in Sonipat.
The FIR alleged that a raid was conducted at Gandhi Memorial Clinic based on secret information suggesting illegal abortion practices.
The petitioner allegedly agreed to perform an abortion for a sum of Rs. 500 when a decoy pregnant woman was sent to the clinic. The police gave the money to the decoy woman, and it was subsequently found with the petitioner. Various medical items were seized during the raid.
The primary issue in question was whether the mere sale of a Medical Termination of Pregnancy kit constitutes an offence under the MTP Act.
The court referred to a previous case, Dr. Vandana Malik vs. State of Haryana, where it was established that the Act primarily aims to regulate and restrict abortion procedures to registered medical practitioners or approved locations.
The court found that even if the allegations against the petitioner were taken at face value, they did not constitute an offence under the MTP Act. No evidence had been collected during the investigation to prove that the petitioner had actually conducted an abortion. Additionally, the presence of medical instruments in a hospital does not automatically imply illegal activity.
Citing the judgment in State of Haryana and others vs. Ch. Bhajan Lal & Ors, the court emphasized that the power to quash proceedings can be exercised when the allegations, even if accepted as true, do not prima facie establish an offence against the accused.
Based on this reasoning, the court allowed the petition and quashed the FIR and all subsequent proceedings related to the alleged offences against the petitioner.