Terminating Pregnancy Arising Out of Consensual Sex: Doctors Need Not Disclose Minor's Name, Says HC

The Madras High Court has said it is not necessary for a doctor to disclose the name of a minor approaching them for termination of pregnancy arising out of consensual sexual activity.

A Special Bench of Justices N Anand Venkatesh and Sunder Mohan constituted for dealing with POCSO cases gave the order recently, while highlighting a Supreme Court directive on the matter earlier.

Recalling the apex court order, the bench said the SC had noted that when a minor approaches a registered medical practitioner (RMP) for termination of pregnancy arising out of consensual sexual activity, an RMP is obliged under Section 19(1) of the Protection of Children from Sexual Offences (POCSO) Act to provide information pertaining to the offence committed to the authorities concerned.

The SC had said an adolescent and her guardian may be wary of the mandatory reporting requirement as they may not want to entangle themselves with the legal process.

Minors and their guardians are likely faced with two options approach an RMP and possibly be involved in criminal proceedings under the POCSO Act, or approach an unqualified doctor for a medical termination of the pregnancy. If there is an insistence on the disclosure of the name of the minor in the report under Section 19(1) of POCSO Act, minors may be less likely to seek out RMPs for safe termination of their pregnancies under the Medical Termination of Pregnancy Act, SC had said.

“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 for 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 minor and their guardian may not be interested in proceeding further with the case and to entangle themselves with a legal process. In such instances, such termination of pregnancy can be made without the disclosure of the name of the minor,” the bench ruled.