Bombay HC directs police not to compel gynaecologist for ID of minor seeking to terminate pregnancy
Mumbai: The Bombay High Court has scheduled an urgent hearing for a petition filed by two gynaecologists challenging the actions of a police officer from a district near Mumbai in a minor's abortion case. The officer allegedly compelled one of the doctors to disclose the name and identity of a minor girl who sought an abortion in the clinic.
Under the Protection of Children from Sexual Offences (POCSO) Act, the doctor was required to report the minor's pregnancy to the police, as the consent of a girl under 18 is considered immaterial. The petition argued that the Supreme Court has provided for the protection of a minor's identity in a case involving medical termination of pregnancy (MTP) and the rights of a minor.
The petition sought to underscore a critical issue that affects many cases involving the Medical Termination of Pregnancy (MTP) and minors. It emphasizes that for the limited purpose of providing MTP under the Act, the Supreme Court clarified that the registered medical practitioner—a gynaecologist authorized by law to perform MTP—must maintain the minor's privacy and need not disclose the minor's name and identity under the POCSO Act.
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