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Police can't force doctors to reveal identities of pregnant minor girls: HC
Police can't force doctors to reveal identities of pregnant minor girls: HC

Hindustan Times

time2 hours ago

  • Health
  • Hindustan Times

Police can't force doctors to reveal identities of pregnant minor girls: HC

MUMBAI: The Bombay high court on Tuesday allowed a Malad-based doctor to terminate a minor's 13-week pregnancy without disclosing her identity and ordered the Director General of Police, Maharashtra to instruct all police stations across the state to not compel doctors reveal the identities of pregnant minors who approach them for medical termination of their unwanted pregnancies. (Shutterstock) The division bench of justices Revati Mohite-Dere and Dr Neela Gokhale passed the order on a petition filed by Dr Nikhil Datar, who was compelled by the Malad police to disclose the name of his minor patient who wished to medically terminate her pregnancy. Datar was approached by the parents of the minor girl on July 23, after she missed her periods and a home test confirmed that she was pregnant. The parents did not wish to report the boy since the adolescents were in a consensual relationship and had sworn an affidavit to the effect. As the Protection of Children from Sexual Offences (POCSO) Act punishes non-reporting of alleged crimes, Datar called the police helpline number and informed them about the minor girl and her parents. Subsequently, three constables visited his hospital and demanded details of the minor. The doctor also received a letter from the Malad police station setting out details of police personnels' visit to his hospital and demanding full details of the girl, her parents and the documents pertaining to their hospital visit. Datar approached the high court claiming that compelling registered medical practitioners to disclose names of minors seeking medical termination of their pregnancy when they themselves do not wish to disclose their identity leads them to unsafe methods of abortion. The court, while allowing the doctor to carry out the procedure, directed that the forensic evidence of the fetus be collected and stored by the doctor only if so consented by the minor and her parents, to be transmitted to the police officer concerned in case any criminal prosecution is launched hereafter. The judges were surprised to note that despite the clear finding recorded by the Supreme Court, repeatedly holding that doctors shall not be compelled to reveal the identity of minors seeking medical termination of pregnancy, the police in Maharashtra were insisting on details of such minor girls from doctors, forcing the latter to approach the high court. 'This is nothing but harassment of doctors as well as the minors,' the bench said, directing the DGP to issue a circular to all police stations, apprising officers about the law laid down by the Supreme Court.

CBFC to decide on certifying film on UP CM Yogi Adityanath within 2 working days, Bombay HC disposes of makers' plea
CBFC to decide on certifying film on UP CM Yogi Adityanath within 2 working days, Bombay HC disposes of makers' plea

Indian Express

time17-07-2025

  • Entertainment
  • Indian Express

CBFC to decide on certifying film on UP CM Yogi Adityanath within 2 working days, Bombay HC disposes of makers' plea

The Central Board of Film Certification (CBFC) Thursday told the Bombay High Court that it will decide within two working days an application for certification by makers of a movie purportedly based on Uttar Pradesh Chief Minister Yogi Adityanath. Samrat Cinematics India Pvt Ltd, the makers of the movie, Ajey: The Untold Story of a Yogi, had approached the high court earlier this month, claiming delay by CBFC in clearing the movie and had sought that the same be done, preferably within five days. On Wednesday, a bench of Justices Revati Mohite-Dere and Neela K Gokhale, while issuing notice to CBFC, had orally remarked that the Board was required to issue certification within a time period laid down in law. Senior advocate Ravi Kadam for petitioners had claimed that CBFC had indulged in 'unreasonable, unexplained and arbitrary' delay in processing the application for the film and its teaser, trailer, and promotional song. The petitioners said the movie, inspired by the book, The Monk Who Became Chief Minister, authored by Shantanu Gupta, was scheduled to be released in theatres on August 1. Kadam added that CBFC had not yet scheduled a screening of the movie, teaser, and the promotional song. He further said that the book which formed the inspiration for the movie has been officially endorsed by the UP Chief Minister's Office (CMO). The makers told the court that they first applied for certification of the main film on June 5, 2025, and as per the Rules, CBFC was required to examine their application within seven days and refer it for screening within 15 days. However, no action was taken for nearly a month. The makers further said that they had again applied under the 'priority scheme' and a screening was scheduled on July 7, but the same was cancelled without any further correspondence, prompting them to approach the high court. The high court, in view of the CBFC statement, noted that 'nothing survived for consideration in the petition,' however, CBFC will have to take a decision and communicate it the same day. Stating that it did not comment on the merits of the matter, the HC disposed of the plea.

‘No fundamental right to adopt US citizen':  Bombay High Court dismisses couple's plea to adopt relative's son
‘No fundamental right to adopt US citizen':  Bombay High Court dismisses couple's plea to adopt relative's son

Indian Express

time17-07-2025

  • Indian Express

‘No fundamental right to adopt US citizen': Bombay High Court dismisses couple's plea to adopt relative's son

The Bombay High Court Wednesday dismissed a plea by a Pune-based couple that challenged the decision of the Central Adoption Resource Agency (CARA) to deny their request to adopt a six-year-old son who is a United States citizen. His biological parents are related to the petitioner couple. The court said it was 'clear that there was no provision in Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015 nor the Adoption Regulations providing for adoption of a child of foreign citizenship even between relative, unless the 'child is in need of care and protection' or a 'child is in conflict with law (CCL)''. A bench of Justices Revati Mohite-Dere and Neela K Gokhale in its verdict noted that the plea 'brings to the attention of the Court an unprecedented situation relating to the applicability of the JJ Act and the Adoption Regulations framed under the said Act, to the adoption of a child being a citizen of the USA by relatives of the child's biological parents.' Advocates Shirin Merchant and Stuti Oswal, for the petitioners, sought direction from the CARA to register them as prospective adoptive parents and issue a pre-approval letter to facilitate the adoption of the US national boy, who is the son of the petitioner woman's sister. The petitioner couple stated that as they were unable to bear a child, they desired to adopt the boy. He was born in the US in 2019 and holds a US passport. The petitioner couple, with the intention of adopting him, brought the boy to India when he was a few months old. The CARA rejected their request for adoption on the grounds that the regulations do not permit the facilitation of the adoption of an American citizen. The couple had also approached the Pune district court seeking adoption, which was pending due to the CARA's refusal to approve the adoption. Advocate Merchant claimed before the high court that US authorities were likely to refuse renewal of the boy's passport without a valid adoption order, and his stay in India may become illegal. The plea added that the child is attending school in India and is required to travel to the US every year to renew his visa, failing which he may become an illegal migrant in India; therefore, considering his 'stability, identity and future prospects', the CARA should be directed to give clearance for adoption. The petitioners sought the relaxation of guidelines and the granting of an exception to regulations by the CARA. Moreover, the biological parents of the child, through advocate Yugandhara Khanwilkar, claimed that the present adoption would fall under the ambit of in-country adoption and not inter-country adoption as the petitioners and their biological parents are Indian citizens. Justice Gokhale observed that such private and relative intercountry adoptions were 'incompatible' with the International Hague Convention on Adoption of Children, of which India is a signatory. The high court said such adoptions are not considered authorised adoptions. There is no fundamental right of the petitioners to adopt an American child who does not fall within the applicability of the JJ Act and the regulations, even if he is born to Indian parents, the court noted. 'Neither is there any violation of any fundamental right of the child of American nationality to be adopted by an Indian citizen,' the high court recorded. It added that while the petitioners' difficulty can easily be resolved based on the CARA's suggestion that the child can apply for Indian citizenship and then follow the procedure under the JJ Act, or the petitioners can process the adoption in the US as per the laws applicable in that country. However, the court noted that the petitioners were not inclined to accept the suggestion, and it was inclined to dismiss the petition.

Bombay HC seeks CBFC response over delay in certifying film on UP CM Yogi Adityanath
Bombay HC seeks CBFC response over delay in certifying film on UP CM Yogi Adityanath

Indian Express

time16-07-2025

  • Entertainment
  • Indian Express

Bombay HC seeks CBFC response over delay in certifying film on UP CM Yogi Adityanath

The Bombay High Court on Tuesday issued notice to the Central Board of Film Certification (CBFC) seeking its response to a plea filed by the makers of a movie purportedly based on the life of Uttar Pradesh Chief Minister Yogi Adityanath, alleging delay in issuance of certification. Samrat Cinematics India Pvt Ltd, the makers of the movie Ajey: The Untold Story of a Yogi, sought the CBFC's clearance for its release. A bench of Justices Revati Mohite-Dere and Neela K Gokhale, while issuing notice to CBFC, orally remarked that the Board was required to issue certification within a time period laid down in law. The plea claimed that the CBFC had indulged in 'unreasonable, unexplained and arbitrary' delay in processing the application for the film and its teaser, trailer and promotional song. The movie, inspired by the book The Monk Who Became Chief Minister, authored by Shantanu Gupta, was scheduled to be released in theatres on August 1. Senior advocate Ravi Kadam for the petitioners claimed that the CBFC has not yet scheduled a screening of the movie, teaser and the promotional song. 'The Petitioner is further aggrieved by the CBFC's erroneous, extraneous and baseless demand for a NOC from the CMO of Uttar Pradesh, despite there being no such requirement existing under the statute i.e. Cinematograph Act or the Rules framed thereunder. It is pertinent to note that such an erroneous requirement/request is not only extremely prejudicial to the professional interests of the Petitioner but also detrimental to its financial interests,' the plea stated. The petitioner claimed that the book that formed the inspiration for the movie has been officially endorsed by CMO, Uttar Pradesh. The plea said that 'the purpose of the film is not only to depict the journey of a leader in public service but also to motivate and inspire the youth of the nation through a narrative grounded in fact and integrity'. The court was told that the makers first applied for certification of the main film on June 5, 2025, and as per the Rules, the CBFC was required to examine their application within seven days and refer it for screening within 15 days. However, no action was taken for nearly a month. The makers further said that they had again applied under the 'priority scheme' and a screening was scheduled on July 7, but the same was cancelled without any further correspondence, prompting them to approach the high court. The bench will hear the plea next on July 19.

Court issues notice to censor board over Yogi Adityanath film certification delay
Court issues notice to censor board over Yogi Adityanath film certification delay

India Today

time15-07-2025

  • Entertainment
  • India Today

Court issues notice to censor board over Yogi Adityanath film certification delay

The Bombay High Court on Tuesday issued a notice to the Central Board of Film Certification (CBFC) while hearing a plea filed by Samrat Cinematics India Pvt. Ltd, the production house behind the film Ajey: The Untold Story of a bench of Justices Revati Mohite-Dere and Dr. Neela Gokhale will hear the filmmakers' plea again on July company claimed that there has been an 'arbitrary, unreasonable, and unexplained delay in processing the certification applications for the upcoming feature film' by the The makers stated that the film is inspired by the book The Monk Who Became Chief Minister, authored by Shantanu Gupta, which is based on the life and public leadership of a contemporary political figure, Uttar Pradesh Chief Minister Yogi filmmakers claim that the CBFC has demanded a No Objection Certificate (NOC) from the Chief Minister's Office (CMO) of Uttar Pradesh. They said this was an 'erroneous, extraneous, and baseless demand... despite there being no such requirement under the statute, i.e., the Cinematograph Act or the rules framed thereunder.'They further claimed that the demand for an NOC from the CMO's office is 'nothing but a ploy to delay the release of the motion picture.'The makers added that the book 'has been officially endorsed by the Chief Minister's Office (CMO),' and they have pointed this out to the to the filmmakers, they submitted various certification applications to the CBFC—for the main film, teaser, trailer, and a promotional song—within a reasonable the CBFC has failed to act on these applications within the statutory timelines laid down under the Cinematograph Act and the Cinematograph (Certification) Rules, the filmmakers film is slated for a nationwide theatrical release on August 1, 2025. The makers have already incurred a pre-release expenditure of nearly Rs 30 crores, including marketing, distribution, and promotional collaborations, with a potential additional expenditure of around Rs 10 crores expected before the release.- EndsTune InMust Watch IN THIS STORY#Uttarakhand#Yogi Adityanath

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