Delhi High Court

Don’t Reveal Identity In Police Report Of Minor Seeking Abortion: Delhi HC Orders LNJP Hospital

The Delhi High Court on Monday ordered the Medical Superintendent of LNJP Hospital not to reveal the identity of a 14-year-old girl who is seeking to terminate her 11-week pregnancy.

Justice Prathiba M Singh also ordered the concerned SHO of the Delhi Police to ensure that the minor’s or her family’s identify is not revealed during the probe.

Section 19(1) of the POCSO Act requires child sexual offences to be reported to the Special Juvenile Police Unit or the local police.

The petition was filed by the victim’s mother and on behalf of the victim’s lawyer, it was argued that no registered medical practitioner was willing to perform a pregnancy abortion while masking her name.

The court granted relief to the minor after taking note of its order from January 23 in which it directed the Delhi Government to issue a circular directing that the identity of a minor girl seeking medical termination of her pregnancy and her family not be disclosed in the report prepared by registered medical practitioners for the police.

Given the minor girl’s age and gestational period, Justice Singh directed the medical superintendent of LNJP Hospital that the pregnancy be terminated because the gestational period is within the MTP Act’s permitted period.

“In terms of the judgement, the report filed by the concerned registered medical practitioner shall be filed without disclosing the victim’s or her family’s identity.” The SHO in question must ensure that the identity is not revealed during the investigation. The petition is disposed of,” the court ruled.

Isha Das

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