Delhi HC permits minor girl to terminate pregnancy after hospitals' refusal over No police complaint
Delhi High Court
New Delhi: Relieving a minor pregnant girl of her burden, the Delhi High Court has granted the immediate termination of her pregnancy of over 18 weeks out of a "consensual relationship", directing to process at earliest to prevent any mental or physical trauma that comes with an unwanted pregnancy.
The write petition was filed by the petitioner who is the mother of the minor pregnant girl when all government and private hospitals refused to terminate the pregnancy of the girl. In fact, civil hospital also refused to terminate the pregnancy since they did not report the incident to the police.
On September 8, the girl informed the Petitioner about pain in her abdomen. The Petitioner took her daughter to a doctor on September 9 and an ultrasound scan was conducted which revealed that she was over 18 weeks pregnant.
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The petitioner argued that If the matter is reported to the police, they are duty bound to register a rape first information report (FIR) against the partner/boy as the consent of the minor girl does not matter. The moment the FIR is registered, the prosecution will come into the picture and record the victim's statement, thereby making her the prime witness in the case, bringing shame from the society.
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said "The Respondents (Centre) are free to proceed ahead in accordance with law, but any report, which is registered by the police, must be kept in a sealed cover and it will be subject to the final outcome of the instant writ petition."
Under the Medical Termination of Pregnancy (MTP) Act, 1971, shows that the pregnancy of a woman who is under 18 years of age can be terminated only with the consent of a guardian if the length of pregnancy does not exceed 20 weeks provided that not less than two registered medical practitioners are of the opinion that the continuance of the pregnancy would involve a risk to the life or grave injury to the physical health and the mental health of the pregnant woman.
However, Section 19 of the POCSO Act makes it mandatory for any person who apprehends that an offence under the POCSO Act is likely to be committed or has knowledge that such an offence has been committed, to report such incident to Special Juvenile Police Unit or local police. Therefore, as per the mandate of law, the medical practitioners are obliged to file a report regarding the pregnancy of a minor girl to the local police or to the Special Juvenile Police Unit.
As per the courts notice, Ms. Aishwarya Bhati, Additional solicitor general was asked to appear on the court and assist with the case. In response, Ms Bhatia said that both the Acts must be read harmoniously and the welfare of the minor girl is paramount.
The court said, "This Court is in complete agreement with the submission of Ms. Bhati that instead of entering into the debate regarding harmonizing between the MTP Act and the POCSO Act, at this juncture, it is necessary that the pregnancy of the Petitioner's daughter is terminated immediately so as to prevent the Petitioner's daughter, who is a minor, from undergoing the trauma of going ahead with an unwanted pregnancy which will inevitably subject her to grave physical and mental injury."
The court directed to ensure that the pregnancy of the Petitioner's daughter is terminated at All India Institute of Medical Science (AIIMS), Delhi on the Government's expenses.
"This Court is aware that the interim relief being granted amounts to the final relief that is being sought by way of the instant petition, however, in the facts of this case, this Court is of the opinion that the termination of the pregnancy of the unmarried minor daughter of the Petitioner needs to be conducted at the earliest so as to not render the instant petition infructuous," said the court
Directing the Centre and Delhi Government to file replies, the Court listed the matter for hearing on January 18, 2023.
To read the official order:
