HC slams police for forcing identity disclosure in minor abortion cases
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Mumbai: The Bombay High Court on Monday criticised the Maharashtra Police for harassing doctors by compelling them to disclose the names and identities of minor girls seeking medical termination of pregnancy (MTP), despite clear directions from the Supreme Court stating that such disclosure is not mandatory.
A division bench of Justices Revati Mohite-Dere and Neela K Gokhale passed the order while hearing a plea filed by a Mumbai-based gynaecologist. The doctor sought a direction allowing him to carry out the MTP of a co-petitioner minor girl without being forced to reveal her identity to the police.
Appearing for the petitioners, advocate Meenaz Kakalia cited the Supreme Court's 2022 judgment, which acknowledged that fear of prosecution under the Protection of Children from Sexual Offences (POCSO) Act often deters medical professionals from providing abortions, thus obstructing access to safe and legal medical care.
The High Court observed that the minor girl became pregnant after engaging in a consensual relationship with a boy known to her. She is currently 13 weeks pregnant and, along with her parents, wishes to terminate the pregnancy. The court noted that this falls well within the permissible limit under the Medical Termination of Pregnancy Act, 1971, and that the minor and her family have legitimate reasons to withhold her identity.
Kakalia also informed the court that in a similar case in May 2023, a coordinate bench of the High Court had allowed the same gynaecologist to perform an abortion on another minor without requiring disclosure of her identity, per the Supreme Court's ruling.
Permitting the termination, the court held that the doctor could proceed with the MTP without being compelled to reveal the minor's name and identity. It further ruled that forensic evidence from the foetus should be preserved only if the girl and her parents consent, and that such evidence should be submitted to the police only if a criminal case is initiated in the future.
Expressing dismay, the bench stated, “We are quite surprised that despite clear findings by both the Supreme Court and this court affirming that the identity of the minor need not be disclosed in such cases, doctors are still being forced to seek judicial permission due to police insistence on revealing the identities of minor victims. This amounts to harassment of both the medical practitioners and the minor girls.”
To prevent further violations, the court directed that copies of the Supreme Court’s decision and relevant High Court orders be circulated to all police stations across Maharashtra to ensure compliance and necessary action. The plea was accordingly disposed of.
