Bombay High Court pulls up police for compelling doctors to reveal identity of minor girls seeking pregnancy termination
A bench of Justices Revati Mohite-Dere and Neela K Gokhale passed an order on city-based gynecologist seeking direction that he was free to undertake medical termination of pregnancy (MTP) of a co-petitioner minor girl without disclosing her name and identity to the police.
The petitioner through advocate Meenaz Kakalia referred to the Supreme Court judgment of 2022 which 'recognized the medical practitioner's fear of prosecution under POCSO, thereby hindering access to safe and legal abortion.'
The court noted that petitioner minor girl had consensual relationship with a boy known to her and became pregnant consequent to said relations and she and her parents are desirous of terminating her 13-week pregnancy.
'Hence, well within the restriction on the length of pregnancy, termination of which is permissible under the Medical Termination of Pregnancy Act (MTP), 1971 subject to the conditions laid down therein. Considering the future of the minor, it is natural that she and her parents are unwilling to reveal her identity,' the HC noted.
Kakalia also argued that earlier, a coordinate bench of HC had in May last year allowed the gynaecologist to undertake MTP of another minor girl without disclosing her name and identity based on SC decision.
The HC permitted the doctor to undertake MTP of the minor girl 'without being compelled to disclose her name and identity.'
The court said that the forensic evidence of the foetus be collected and stored by the doctor only if the minor girl and her parents consent to the same, which transmitted to the Police Officer concerned in case any criminal prosecution is launched in future.
'We are quite surprised that despite the clear finding of the Supreme Court as well as of this court, repeatedly holding that in the facts of such cases, the identity of the minor girl need not be insisted upon to be revealed, the doctors concerned are compelled to approach this court for such permissions as the police insist upon the doctors to reveal the name and identity of the minor victims.
'This is nothing but harassment of the doctors as well as the minor victims. We thus, deem it appropriate that a copy of the Supreme Court's decision as aforesaid as well as the orders passed by this court be circulated to all the police stations in Maharashtra for their information and for necessary action,' the HC noted and disposed of the plea.
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