The Delhi High Court in the case A v. The Principal Secretary Health GNCTD observed and has directed the Medical Superintendent of LNJP Hospital to not disclose the identity details of a 14-year-old, wherein who is seeking termination of her 11-week pregnancy.
The bench headed by Justice Prathiba M Singh in the case observed and has directed the concerned SHO of Delhi Police in order to ensure that the identity of the minor or her family is not being disclosed during the process of investigation.
It has also been provided under Section 19(1) of the Protection of Children from Sexual Offences Act, 2012 wherein it provides mandatory reporting of child sexual offences to the Special Juvenile Police Unit or the local police.
The court in the case observed and has disposed of the petition moved by the minor, through her mother wherein seeking termination of the pregnancy.
The counsel appearing for the victim contended before the court that no registered medical practitioner was willing to undertake termination of pregnancy while masking her identity.
Further, the court observed that in its order passed on January 23, 2023, wherein it directed the Delhi Government 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 which is being prepared by the medical practitioners to the police.
The court in the case also relied upon the judgement of the Supreme Court in the case X v. The Principal Secretary Health and Family Welfare Govt NCT of Delhi And Anr, wherein the registred medical petitioners have been exempted from mandatorily reporting the offences of consensual sexual activity under the Protection of Children from Sexual Offences Act, 2012.
The bench of Justice Singh in the case observed while considering the age of the minor girl and the gestational period and has asked her to contact the medical superintendent of LNJP Hospital and has also directed for the termination of pregnancy be carried out as the gestational period is within the period permissible under the MTP Act.
The court in its judgement stated that the report lodged by the concerned registered medical practitioner shall be filed without disclosing identity of the victim of her family. Therefore, the concerned SHO shall maintain that the identity is not disclosed during the process of investigation.
Accordingly, the
court disposed of the plea.
