18 January,2021 06:17 AM IST | Mumbai | Diwakar Sharma
The hospital in Borivli East where the abortion was conducted
The Kasturba Marg police have arrested a Borivli-based gynaecologist for illegally carrying out an abortion on a 16-year-old rape survivor. Police sources said that instead of informing the cops, the doctor conducted the abortion without verifying the details of the teenager.
Gynaecologist Sayali Raiban runs her clinic Sankalp Women's Hospital at Paras Business Centre in Carter Road, right next to the Kasturba Marg police station. Besides Raiban, the cops have also arrested 41-year-old accused, Navin Doshi, who the rape survivor has named in her complaint, and another person who helped her manage the abortion. "A 16-year-old-girl approached us this month with a complaint that she was raped by a watchman and another person helped her get the foetus aborted at a hospital. She further said in her complaint that the accused raped her on multiple occasions on the promise of marriage," said a police officer.
When she got pregnant in September last year, she spoke to a friend about it and they decided to go for the abortion. Subsequently, her abortion was conducted in September at the Sankalp Women's Hospital in Borivli East. In her complaint to the police, the minor alleged that post the abortion, the accused refused to marry her. "We have registered an FIR and all legal procedures are being followed," the officer said.
Investigating officer Shankar Salunkhe said, "We registered the FIR based on the survivor's complaint and we found out that the accused doctor didn't verify her documents before conducting the abortion. The survivor told the doctor she is 20 years old." "We have arrested Raiban negligence and illegally aborting the child of a minor girl. We also nabbed Doshi. He has been remanded in police custody. We have registered a case under Section 376 (rape) of the Indian Penal Code and relevant sections of the POCSO Act," said PI Salunkhe.
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Bombay High Court lawyer, Dhruti Kapadia said, "The survivor is a minor girl and the doctor should have cross-checked her age before conducting the abortion. In this case, the doctor should also be booked under the POCSO Act. Also, a foetus has the right to life under Article 21 of the Constitution, but in exceptional cases, abortion can be permitted keeping the statute and legal provisions in mind." mid-day tried to contact the hospital but the authorities refused to comment on the matter.