The Madras High Court has ruled that doctors are not required to reveal the identity of a minor seeking pregnancy termination due to consensual sexual activity. A Special Bench of Justices N Anand Venkatesh and Sunder Mohan, established to handle cases under the Protection of Children from Sexual Offences (POCSO) Act, recently issued this directive, citing a previous Supreme Court guideline.
In accordance with the apex court’s decision, the bench emphasized that when a minor seeks termination of pregnancy resulting from consensual sexual activity, a registered medical practitioner (RMP) is obligated by Section 19(1) of the POCSO Act to share relevant information about the offense with the appropriate authorities.
The Supreme Court had recognized that adolescents and their guardians might be hesitant to comply with mandatory reporting due to concerns about becoming entangled in legal proceedings. Minors and their guardians could potentially face a dilemma: either consult an RMP and risk criminal charges under the POCSO Act or turn to an unqualified practitioner for pregnancy termination.
If the requirement to disclose the minor’s identity in the Section 19(1) report of the POCSO Act were upheld, minors might be discouraged from seeking the services of RMPs for safe pregnancy termination under the Medical Termination of Pregnancy Act, as stated by the Supreme Court.
The ruling from the Madras High Court is explicit that when a minor consults a registered medical practitioner for pregnancy termination arising from consensual sexual activity, it is not obligatory to demand disclosure of the minor’s identity in the usual Section 19(1) report under the POCSO Act. This procedure is necessary due to situations in which a minor and their guardian may opt not to pursue the case further and avoid getting involved in a legal process. Therefore, in such instances, pregnancy termination can be carried out without revealing the minor’s identity, as ruled by the bench.
