HC: Police can't force docs to reveal names of pregnant minors
MUMBAI, July 31 -- The Bombay high court on Tuesday allowed a Malad-based doctor to terminate a minor's 13-week pregnancy without disclosing her identity and ordered the Director General of Police, Maharashtra to instruct all police stations across the state to not compel doctors reveal the identities of pregnant minors who approach them for medical termination of their unwanted pregnancies.
The division bench of justices Revati Mohite-Dere and Dr Neela Gokhale passed the order on a petition filed by Dr Nikhil Datar, who was compelled by the Malad police to disclose the name of his minor patient who wished to medically terminate her pregnancy.
Datar was approached by the parents of the minor girl on July 23, after she missed her periods and a home test confirmed that she was pregnant. The parents did not wish to report the boy since the adolescents were in a consensual relationship and had sworn an affidavit to the effect.
As the Protection of Children from Sexual Offences (POCSO) Act punishes non-reporting of alleged crimes, Datar called the police helpline number and informed them about the minor girl and her parents. Subsequently, three constables visited his hospital and demanded details of the minor.
The doctor also received a letter from the Malad police station setting out details of police personnels' visit to his hospital and demanding full details of the girl, her parents and the documents pertaining to their hospital visit.
Datar approached the high court claiming that compelling registered medical practitioners to disclose names of minors seeking medical termination of their pregnancy when they themselves do not wish to disclose their identity leads them to unsafe methods of abortion.
The court, while allowing the doctor to carry out the procedure, directed that the forensic evidence of the fetus be collected and stored by the doctor only if so consented by the minor and her parents, to be transmitted to the police officer concerned in case any criminal prosecution is launched hereafter.
The judges were surprised to note that despite the clear finding recorded by the Supreme Court, repeatedly holding that doctors shall not be compelled to reveal the identity of minors seeking medical termination of pregnancy, the police in Maharashtra were insisting on details of such minor girls from doctors, forcing the latter to approach the high court.
"This is nothing but harassment of doctors as well as the minors," the bench said, directing the DGP to issue a circular to all police stations, apprising officers about the law laid down by the Supreme Court....
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