After Bombay HC nudge, state files case against gynaecologist in newborn's death in MTP at Satara civil hospital

KOLHAPUR: Satara City police on early Thursday morning finally registered a criminal case against suspended gynaecologist Dr Chandsab Shikalgar ahead of a hearing later in the day before the Bombay high court’s Kolhapur bench in the case of a 17-year-old rape survivor, who alleged that her newborn baby was starved to death for DNA sampling following unsuccessful medical termination of her 28-week pregnancy at the civil hospital.

Shikalgar has been charged with offences under sections 91 (causing death of child after birth), 105 (culpable homicide) and 106 (1) (causing death by rash or negligent acts) based on a complaint filed by state deputy director of health Bhagwan Pawar. This was after an HC-mandated inquiry by principal secretary-2 (public health) E Ravendiran indicted the now suspended Satara district civil surgeon Dr Yuvraj Kapre and Dr Shikalgar in the case. Apart from the FIR against Shikalgar, the two govt doctors are facing departmental inquiry as recommended by the inquiry.

The medical termination of pregnancy on the 16-year-old rape survivor was performed at the Satara civil hospital on March 16 after the HC on March 7 allowed the same with a directive to conduct a DNA sampling.
Deputy director Pawar referred to the Ravendiran inquiry report and said in his complaint that the MTP failed and the newborn baby, weighing 750gms and in need of special care, was kept on the bedside of the minor rape survivor for hours. Shikalgar, who performed the medical termination procedure, did not call any child specialist as is mandated in the case of a newborn child, the complaint stated.

“Moreover, Shikhalkar ignored advice by two nurses and other gynaecology department staffers to admit the baby in the special newborn care unit (SNCU), give treatment and prepare treatment notes. Shikalgar told them he will take care of whatever happens and after the baby’s death around 10.30pm on March 16, he collected a DNA sample on March 17 and went on to alter the records to save himself of any action,” the complaint stated.
At the last hearing on April 6, the high court expressed its dismay over the state govt’s stance against registration of an FIR despite the court asking the govt on April 2 to take a decision on the same following the inquiry report.

“It is unfortunate that in spite of the very serious incident, the State Government has taken a stand that the Public Health Department is of the view that FIR need not be lodged in the matter as the incident had taken place due to the administrative / procedural lapses,” the bench of Justice Madhav J Jamdar and Justice Pravin P Patil then said and sought the advocate general’s appearance in the matter on April 16.

Case Background

The survivor was raped in Chadchan town of Vijaypur district in Karnataka and was admitted in Satara Civil Hospital for medical termination of pregnancy (MTP). A zero FIR was lodged in Satara and was transferred to the Chadchan police where a case under POCSO Act has been registered, and the accused has been arrested. The civil hospital authorities had asked the survivor to approach the HC for MTP which she did and got permission from HC on March 7.

The MTP was carried out on March 16. Later, the survivor approached the high court alleging that the newborn was starved to death despite pleas to the hospital authorities from her, her mother and a child welfare officer.