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 a teenage girl seeks an abortion. The court also said that the details should also not be mentioned in the medical report provided to the police.
Although there is no bar to abortion under the Medical Termination of Pregnancy Act (MTP), Section 19(1) of the Prevention of Child Sexual Offenses Act (Pocso) mandates that a doctor inform the local police before terminating a minor pregnancy.
The directions were issued by Justice Prathiba M Singh while hearing the plea of a woman who wanted to terminate the pregnancy of her 14-year-old daughter. The judge further directed the city police to ensure that the first information report (FIR) filed in such cases does not reveal the identity of the minor or her family.
Termination of pregnancies by underage girls
Although the petitioner’s daughter’s pregnancy was terminated last week on a court order, the judge noted that the suit raised “urgent and immediate cause for concern” about the termination of pregnancies by underage girls.
The judge said that due to doctors’ reluctance, minors and their families may be forced to approach unregistered and unqualified practitioners to terminate pregnancies, which could also adversely affect the minor’s health.
In September last year, the Supreme Court ruled that a woman’s marital status cannot be a reason to deny her the right to an abortion, adding that single and unmarried women have the right to an abortion under the MTP Act up to 24 weeks of pregnancy.
Referring to the apex court’s decision, Justice Singh said, “So, in terms of the order passed by the SC, the Delhi government is directed to issue a circular to the effect that in case a minor along with his family approaches any registered medical practitioner.
For the termination of the pregnancy, the doctor’s report to the police does not indicate the identity of the minor, guardian or family that can be considered appropriate. However, termination will be done in accordance with the prevailing procedure.”
In her plea, the woman sought permission to terminate her daughter’s pregnancy from a consensual relationship without reporting the matter to the local police as it would lead to social stigma, ostracism and harassment. The fetus was 15 weeks and 4 days old on January 6.
The lawsuit also stated that the minor daughter does not want to continue the pregnancy because she is not physically or mentally ready to raise a child. On Monday, counsel for the city government told the court that there are currently no guidelines for general practitioners.
Counselor said “In a case (when a pregnancy occurs) due to consensual sex involving two minors, but the police had already registered a case under the Pocso Act, the boy’s family was harassed as it was not given protection under the Act or the SC judgment”. The court directed the defense counsel to file an affidavit in this regard and posted the matter for hearing on March 10.
written by: Vaishali Verma
