Don’t disclose details of minors who seek to end pregnancy: Delhi HC

The directions were issued by Justice Prathiba M Singh, while hearing a plea by a woman seeking to terminate her 14-year-old daughter’s pregnancy.

The Delhi high court on Monday directed the state government to issue a circular directing institutions to protect the identity of minors and their families if the juvenile girl seeks abortion. The court also said that the details should also not be mentioned in the medical report provided to the police.

The judge said that due to the reluctance of the medical practitioners, minors and their families may be forced to approach non-registered and unqualified practitioners to terminate the pregnancy which could also result in adverse impact on the health of the minor. (HT Achive)

Even though there is no impediment in aborting the foetus under the Medical Termination of Pregnancy Act (MTP), section 19(1) of the Prevention of Children from Sexual Offences (Pocso) Act mandates that the doctor has to inform the local police before termination of pregnancy of a minor.

The directions were issued by Justice Prathiba M Singh, while hearing a plea by a woman seeking to terminate her 14-year-old daughter’s pregnancy. The judge further directed the city police to ensure that the first information report (FIR) registered in such cases does not disclose the identity of the minor or her family.

Even though the pregnancy of the petitioner’s daughter was terminated last week on court’s order, the judge observed that the plea raised “an urgent and immediate cause of concern” with respect to the termination of pregnancies by minor girls.

The judge said that due to the reluctance of the medical practitioners, minors and their families may be forced to approach non-registered and unqualified practitioners to terminate the pregnancy which could also result in adverse impact on the health of the minor.

In September last year, the Supreme Court had held that the marital status of a woman cannot be grounds to deprive her the right to abort an unwanted pregnancy, adding that single and unmarried women have the right to abort under MTP Act till 24 weeks of pregnancy.

Citing the top court ruling, justice Singh said, “Thus, in terms of the order passed by the SC, Delhi government is directed to issue a circular to the effect that in case any minor, along with the family, approaches any registered medical practitioner for termination of pregnancy, the identity of the minor, guardian or the family as may be deemed to be appropriate not be disclosed in the doctor’s report to the police. The termination will, however, be carried out in terms of the prevalent procedure.”

In her plea, the woman had sought permission to terminate the pregnancy of her daughter out of a consensual relationship, without reporting the matter to the local police as that would lead to social stigma, ostracization and harassment. The foetus was 15 weeks and 4 days old as of January 6.

The plea had also said that the minor daughter did not want to continue the pregnancy as she was not physically and mentally prepared to raise the child.

On Monday, the counsel for the city government told the court that currently there are no guidelines for the medical practitioners. “In case (where the pregnancy happens) as a result of consensual sex involving two minors, but the police have already registered the case under the Pocso Act the boy’s family’s harassed since protection has not been given under the Act, nor by the SC judgment,” the counsel said.

The court directed the counsel to file an affidavit on this aspect, and posted the matter for hearing on March 10.