UHA SHARMA Vs. STATE OF DELHI

JUDGEMENT

(1.) Petitioner is a doctor by profession who did her M.B.B.S. from Lady Harding Medical College and also diploma in Ecology and Obstetrics from Maulana Azad Medical College. She claims that she has almost 20 years of experience to her credit as a senior medical practitioner with specialization in Gynaecology and Obstetrics. Her husband is also a doctor and both of them set up, in the year 1984, a clinic called Bharat Hospital in Nangloi area of Delhi. In the year 1996, this hospital was accorded approval by the Directorate of Family Welfare for the purpose of medical termination of pregnancy as per the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as 'the 1971 Act').

(2.) Against the petitioner, one Shri Vijendre Kumar (complainant) has lodged written complaint to the SHO, Nangloi, which is registered as FIR No. 728/1999. In this complaint it is alleged that his wife Rani Devi was taken to the petitioner for aborting her pregnancy on 21.6.1999, when Rani Devi was carrying pregnancy of 14-1/2 weeks. Petitioner charged Rs. 2,500/- from him and conducted the operation for abortion. It is alleged that the petitioner acted negligently by conducting incomplete operation, wrongly cut the parts of the body and discharged Rani Devi on 22.6.1999 at 7.00 a.m. i.e. on the very next date. The complainant brought his wife to the petitioner on 23.6.1999 in the morning and she again examined his wife and charged Rs. 400/-. However, despite giving the medicine as prescribed by the petitioner, complainant's wife could not get any relief. On 24.6.1999, complainant again met the petitioner and complained that his wife was not getting relief from pain. The petitioner yet again charged Rs. 400/- and prescribed one injection and some other intoxicant medicines.

(3.) The complainant requested the petitioner for referring the patient to a Government Hospital but the petitioner refused to do so. when the patient was not getting relief from pain, the complainant took his wife to Jai Prakash Narayan Hospital on 25.6.1999 where she was got admitted and operated upon. There the complainant was told that his wife was operated upon by some inexperienced person and the doctors in the said hospital took out the remaining portion of the embryo which was operated by the petitioner. However, the complainant's wife could not survive and died on 27.6.1999.