The Madras High Court has recently ruled that medical practitioners are not obligated to reveal the identity of a minor who seeks termination of pregnancy arising from consensual sexual activity.
A Special Bench comprising Justices N Anand Venkatesh and Sunder Mohan was constituted for dealing with POCSO cases, emphasizing a prior directive from the Supreme Court on the matter.
Recalling the precedent set by the apex court, the panel underscored that the Supreme Court had previously recognized that when a minor consults a registered medical practitioner (RMP) for terminating a pregnancy resulting from consensual sexual activity, the RMP is bound by Section 19(1) of the POCSO Act to relay relevant information regarding the offense to the relevant authorities.
The Supreme Court acknowledged that an adolescent and their guardian might be wary of the mandatory reporting requirement due to their potential reluctance to involve themselves in legal proceedings.
In such scenarios, minors and their guardians may confront two options, approach an RMP and potentially be involved in criminal proceedings under the POCSO Act, or resort to an unqualified medical practitioner for pregnancy termination.
The apex Court then observed that if there is an insistence on disclosing the minor’s identity in the report according to Section 19(1) of the POCSO Act, minors might hesitate to consult RMPs for the secure termination of their pregnancies in accordance with the Medical Termination of Pregnancy Act.
The bench ruled, “It is clear from the above that where a minor approaches a registered medical practitioner for medical termination of pregnancy arising out of a consensual sexual activity, it is not necessary to insist on the disclosure of the name of the minor in the report that is normally given under Section 19(1) of the POCSO Act. This procedure has to be followed since there are instances where minors and their guardian may not be interested in proceeding further with the case and to entangle themselves in a legal process. In such instances, such termination of pregnancy can be made without the disclosure of the name of the minor.”
