HC raps Police for Forcing Doctors to reveal minor's identity in MTP cases

Mumbai: The Bombay High Court has rebuked the police for compelling doctors to disclose the identity of minor girls seeking to terminate a pregnancy, despite a Supreme Court directive against such disclosure.

A bench of Justices Revati Mohite Dere and Neela Gokhale on July 28 said the police's insistence was nothing but "harassment of the girls and doctors." As per the rules, when a girl who is below 18 years of age approaches a doctor seeking abortion, the latter has to inform the police, news agency PTI reported.

The petition filed by a city-based gynaecologist sought a direction that he should not be forced to disclose the girl's name to the police in one such case.

Also Read:Haryana takes action against Health Officials over Illegal Abortions

The girl had had consensual sexual relations with a boy. She and her parents wanted to terminate her 13 weeks pregnancy, but did not want her name to be disclosed to the police in view of her future, said the petitioner.

Meenaz Kakalia, the petitioner's lawyer, relied on a 2022 Supreme Court judgment which said a medical practitioner need not disclose the identity and other personal details of a minor in any criminal proceedings.

The court permitted the gynecologist to carry out the pregnancy termination without disclosing the girl's name.

It was "quite surprised" that despite the Supreme Court order, doctors were forced to move the HC for a permission as police insisted that they disclose the identity of minor victims in such cases, the judges said.

"This is nothing but harassment of the doctors as well as the minor victims," the HC said.

The Supreme Court order should be circulated to all police stations in Maharashtra, and a copy should also be sent to the state Director General of Police for necessary action, the court said, reports PTI.

Also Read:HC directs Safdarjung Hospital to assess termination of 29-week pregnancy