Delhi HC to pass interim order on plea by mother of pregnant minor girl

Section 19(1) of the Prevention of Children from Sexual Offences (Pocso) Act mandates that the doctor has to inform the local police before terminating the pregnancy of a minor.

The Delhi high court on Tuesday said it would pass an interim order on the plea by a mother seeking to terminate her minor daughter’s pregnancy that was borne out of a “consensual relationship”, without informing the police which is mandatory under the law in such cases.

HC to pass interim order on plea by mother of pregnant minor girl

The court, however, did not say when it would pass the order.

Section 19(1) of the Prevention of Children from Sexual Offences (Pocso) Act mandates that the doctor has to inform the local police before terminating the pregnancy of a minor.

According to the petitioner, reporting the case to the police would cause social stigma. Also, if the matter is reported to the police, they are duty bound to register a rape FIR against the partner/boy as the consent of the girl, being a minor, does not matter, the petitioner said. 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, the petitioner added.

During the hearing last Friday, the court noted that while there was “no problem” with the medical termination of pregnancy, since the consent of the victim is immaterial in a sexual offence case involving a minor. But the incident has to be mandatorily reported to the police under the Pocso Act.

The petitioner-mother claimed that hospitals have refused to terminate the pregnancy without informing the police, and added that the minor was in a consensual relationship and her family does not want to report the matter “out of shame and humiliation”.

“The daughter of the petitioner has the fundamental right to privacy, personal autonomy, dignity, reproductive choice which are inseparable part of right to life under article 21 of the Constitution,” the petition said

The Union government on Tuesday supported the interim relief sought by the petitioner mother, and said the minor has the right to terminate her pregnancy under the Medical Termination of Pregnancy (MTP) Act.

Maintaining that the welfare of the child is paramount, additional solicitor general (ASG) Aishwarya Bhati told a bench of chief justice Satish Chandra Sharma and justice Subramonium Prasad that time is of the essence in the case considering that the girl is over 18 weeks pregnant.

The Centre proposed that the 16-year-old girl could be permitted to undergo a medical abortion as an interim measure, and the mandate of informing the police about the procedure could be followed, with the stipulation that the information be kept confidential till the pendency of the petition.

ASG Bhati told the court that the petition raises an important question of law which needs to be decided.

“We must look into the matter because we did some research and we found that several high courts are grappling with the issue. This is a biological issue which transcends geography and even the international courts are also grappling with it. We can assist in law. The welfare of the child is paramount,” Bhati submitted before the court.

Appearing for the petitioner, counsel Amit Mishra filed another application challenging section 19(1) of Pocso Act, saying that it was ultra vires the Indian Constitution.

The ASG said that since the petitioner has challenged section 19(1) of the Pocso Act, the union government will file a comprehensive reply in the matter.

Bhati told the court that the laws have to be interpreted in such a manner that they are not allowed to be misused.

After hearing the arguments, the bench said that it would pass appropriate orders without stating when it would do so.