Hospitals to face legal action for failing to report minor pregnancies: Karnataka Govt

Bengaluru: Taking a significant step to ensure the safety of minors, the Karnataka Government has issued new directives mandating all hospitals in the state to report cases of pregnancy involving girls under 18 years of age, enabling the initiation of criminal action under the Protection of Children against Sexual Offences (POCSO) Act, 2012.  

As per the instructions issued by the director of the state Health and Family Welfare Department on April 1, any case of pregnancy involving a minor that is recorded at a private hospital must be reported without delay. The attending doctor is obligated to promptly notify the nearest Special Juvenile Justice Police Unit or the local police station, reports The Indian Express. 

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The new guidelines have already been issued to government hospitals and the Indian Medical Association (IMA), and they will take effect immediately. If anyone fails to report any such cases of a minor's pregnancy, they might face strict legal action, in some cases, even imprisonment for a term of up to one year and a fine. "Legal action will be taken against doctors and private hospitals who fail to report cases,” stated the guidelines.

According to the Daily, the guidelines further mentioned that if the authorities are made aware of child pregnancies, “The child helpline number 1098 should be called immediately, and information should be provided,” which “will enable necessary protective and rehabilitation measures to be taken."

POCSO stands for the Protection of Children from Sexual Offences Act, 2012, in India. It is a strict, gender-neutral law designed to protect children under 18 from sexual assault, harassment, and pornography, providing specialized procedures and child-friendly judicial processes. 

Cases of pregnancy in minors below the age of 18 should be dealt with seriousness and must be legally reported under the Pocso Act. Section 19(1) of the Act states that when anyone gets any information about such a crime, they should immediately contact the authorities and give details to the special juvenile police unit or the local police.

All hospitals in the state have to record details of POCSO cases to properly store medical records for legal purposes while maintaining patient confidentiality. The hospitals should also cooperate with the investigation.

All private hospitals should create awareness among their doctors and staff about the provisions of the Pocso Act. Steps should be taken to ensure that these instructions are strictly followed,” the guidelines stated.

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