Orissa HC directs state govt to form SOP on medical termination of pregnancy, hands over strict deadline

The Orissa High Court ordered the state government to create a Standard Operating Procedure (SOP) for medical termination of pregnancy (MTP) within six months. The directive followed a petition seeking an MTP for a 13-year-old tribal girl, a sickle cell anaemia and epilepsy patient, who became pregnant after repeated rapes in August 2024, regarding which the court had recently passed an order.

Justice SK Panigrahi, who delivered the verdict, noted that medical decisions should not be stalled by procedural hurdles. He also expressed concerns over delays in abortion access, particularly for rape survivors, due to healthcare providers’ fears of legal repercussions.

Case Background: A 13-Year-Old’s Ordeal

The 13-year-old tribal girl’s pregnancy was discovered after it had exceeded 24 weeks, the legal limit for abortions without court approval. As such, a medical board at MKCG Hospital confirmed the urgent need for termination to save her life. However, delays persisted until the court intervened, highlighting systemic failures in referring cases promptly to medical boards.

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Key Directives in the Upcoming SOP

To prevent future delays, the Orissa High Court directed the Health and Family Welfare Department to draft a comprehensive SOP for medical termination of pregnancy, addressing the guidelines established in previous rulings.

The SOP is to be developed in consultation with experts in obstetrics, gynaecology, reproductive health, and legal fields and must ensure a smooth and timely process, avoiding unnecessary delays or bureaucratic hurdles.

Further, the SOP should include provisions for psychological counselling for patients, with special care for minors through qualified child psychologists. Additionally, police stations are to be sensitized to immediately involve legal aid services to support victims.

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Six Months Deadline:

In its order, the court also stated that the finalized SOP will be implemented across all government and private healthcare facilities, periodically reviewed for efficiency, and must be completed within a strict deadline of six months.