1 May 2023 12:54 PM GMT
The Delhi High Court on Monday directed the Medical Superintendent of LNJP Hospital to not disclose identity details of a 14-year-old, who is seeking termination of her 11-week pregnancy.Justice Prathiba M Singh also directed the concerned SHO of Delhi Police to ensure that the identity of the minor or her family is not disclosed during the process of investigation.Section 19(1) of POCSO...
The Delhi High Court on Monday directed the Medical Superintendent of LNJP Hospital to not disclose identity details of a 14-year-old, who is seeking termination of her 11-week pregnancy.
Justice Prathiba M Singh also directed the concerned SHO of Delhi Police to ensure that the identity of the minor or her family is not disclosed during the process of investigation.
Section 19(1) of POCSO Act provides mandatory reporting of child sexual offences to the Special Juvenile Police Unit or the local police.
The court disposed of a plea moved by the minor, through her mother, seeking termination of the pregnancy.
It was contended on behalf of the victim’s counsel that no registered medical practitioner was willing to undertake termination of pregnancy while masking her identity.
Granting relief to the minor, the court took note of its order passed on January 23 wherein the Delhi Government was directed to issue a circular directing that the identity of a minor girl, who is seeking medical termination of her pregnancy, and her family shall not be disclosed in the report prepared by registered medical practitioners to the police.
The court had relied upon the Supreme Court judgment in X v. The Principal Secretary Health and Family Welfare Govt NCT of Delhi & Anr wherein registered medical practitioners have been exempted from mandatorily reporting the offences of "consensual sexual activity" under the POCSO Act.
Considering the age of the minor girl and the gestational period, Justice Singh asked her to contact the medical superintendent of LNJP Hospital and directed that the termination of pregnancy be carried out as the gestational period is within the period permissible under the MTP Act.
“In terms of the judgment, the report lodged by the concerned registered medical practitioner shall be filed without disclosing identity of the victim of her family. The SHO concerned shall maintain that the identity is not disclosed during the process of investigation. The petition is disposed of,” the court ordered.
Title: A v. PRINCIPAL SECRETARY HEALTH GNCTD
Citation: 2023 LiveLaw (Del) 356