Ayurveda Doctor's Anticipatory Bail Approved in Contentious Pregnancy Termination Case

The Punjab and Haryana High Court recently granted interim anticipatory bail to an Ayurveda gynecologist, Dr. Mehak, accused of performing an unauthorized pregnancy termination.

This decision was made after taking into account the submission made on behalf of the Ayurvedic practitioner that it is debatable whether the case was one of pregnancy termination or premature delivery.

The petitioner’s counsel further argued that if it is found to be a case of pre-mature delivery, the petitioner would be entitled to get the benefit of a 2017 communication issued by the Government of India permitting certain practitioners of Indian medicine to perform such deliveries. This communication, as reproduced in the Court’s order, stated:

“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.”

Justice Pankaj Jain granted the petitioner anticipatory bail, while directing her to cooperate with the probe. 

The case involves allegations of criminal conspiracy and offences under the Medical Termination of Pregnancy Act (MTP Act). According to the authorities, confidential information was received about an illegal abortion being performed by a doctor at a hospital in Kaithal.

During the hospital raid, it was allegedly discovered that an abortion was sought due to water in the foetus’ head (a condition that could affect the development of the foetus). The prosecution claimed that the Ayurveda doctor had advised the couple to terminate the pregnancy due to it being deemed a ‘high-risk pregnancy.’ A first information report (FIR) was registered in the matter last month.

Before the Court, the Ayurvedic doctor’s counsel submitted that she was a qualified Ayurveda Dhanwantri Prasooti Tantra and Streeroga degree holder, who was working as a gynaecologist in a nursing home. It was further submitted that the whole procedure conducted by her has been documented and is in possession of the investigating agency. Therefore, there need not be any apprehension that the petitioner would tamper with the same, the counsel submitted.

In view of the above, the Court granted relief to the petitioner and listed the matter for hearing next on September 26. Senior Advocate Bipan Ghai along with advocates Nikhil Ghai and Rishab Singla represented the petitioner in the case.

The recent grant of interim anticipatory bail to Ayurveda gynecologist Dr. Mehak by the Punjab and Haryana High Court has raised important questions regarding the nature of the alleged offense. The court considered the argument presented by the petitioner's counsel, highlighting the possibility of the case being one of premature delivery rather than unauthorized pregnancy termination. The counsel further emphasized the 2017 communication issued by the Government of India, which permits certain Indian medicine practitioners to perform deliveries. Justice Pankaj Jain, while granting anticipatory bail, emphasized the need for the petitioner's cooperation with the investigation. The case involves allegations of criminal conspiracy and offenses under the Medical Termination of Pregnancy Act. With the possession of documented evidence, the petitioner's counsel assured the court that there would be no tampering. The court's decision provides temporary relief to the petitioner, and the matter is scheduled for further hearing on September 26.(alert-success)