Bombay HC directs police not to compel gynaecologist for ID of minor seeking to terminate pregnancy

Published On 2024-05-08 09:30 GMT   |   Update On 2024-05-08 09:31 GMT
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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.

On Monday, the High Court issued a notice to the state and requested the public prosecutor to take instructions, setting the hearing for Tuesday. The two doctors filed the petition, which their lawyer, Meenaz Kakalia, brought before a division bench headed by Justice Revati Mohite Dere.  
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According to the petition, a 16-year-old girl approached one of the doctors at his clinic outside Mumbai on April 24, seeking an abortion. The minor stated she was in a consensual relationship and her mother confirmed her story. The girl, who was about 14 weeks pregnant, requested the doctor not to reveal her identity to the police because she was a minor, reports the 
Times of India
.

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.

According to the Daily, the petitioners contended that forcing a registered medical practitioner to disclose the name of a minor seeking an abortion contravenes the Supreme Court's 2022 ruling on the subject, which protects the minor's right to privacy and confidentiality. On April 30, one of the doctors wrote to the police, who responded by stating that since the matter fell under the Protection of Children from Sexual Offences (POCSO) Act, the doctor was obligated to disclose the girl's identity to the police. Additionally, the police suggested that the girl and her family should have been directed to the police to file a complaint.

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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