Minor Approaches Delhi High Court Through Her Mother For Termination Of 16-Week Pregnancy

A 14-year-old girl has approached the Delhi High Court through her mother seeking medical termination of her 16-week pregnancy at the All India Institute Of Medical Science (AIIMS). The girl is unmarried, and her pregnancy in question has arisen out of consensual sexual conduct between the minor girl and a minor boy. Further, the case is listed for hearing on Wednesday before the bench of Justice Prathiba M Singh.

Petition Seeking Medical Termination Of Pregnancy

The girl's mother has filed the petition on her behalf through advocate Amit Mishra seeking medical termination of pregnancy without registering the matter with the local police. It is stated that the girl is a minor, and the boy is closely related to the family. Although the Protection of Children from Sexual Offences (POCSO) Act, 2012 makes reporting the matter to the local police mandatory, doing so would cause social humiliation, ostracization, and harassment for the girl as well as the entire family.

The petition stated the minor doesn't want to continue the pregnancy as she is mentally and physically unprepared to raise the newly-born. The continuation of the said pregnancy would bring immense injury to her mental and physical health. Further, the petitioner requested permission to terminate her pregnancy at any government hospital, especially at AIIMS.

What Does The Petitioner Say?

According to the petition, it is noted that the Medical Termination of Pregnancy (MTP) Act, 1971 allows for the termination of pregnancies up to 20 weeks long if the registered medical practitioner believes that the continuation of the pregnancy would endanger the life of the woman or severely harm her mental or physical health. The petition stated that as per the ultrasound report of January 6, the pregnancy, in this case, is of 15 weeks and four days.

According to NDTV, it also gave reference to the recent verdict of the Supreme Court, which has exempted the registered medical practitioner from obligatory reporting the minor's pregnancy to the local police if it is caused by consenting sexual activity as required by Section 19 of the POCSO Act. However, even after passing the stated orders, the doctors refuse to provide their services to minors due to ongoing criminal proceedings against them.

Furthermore, in light of a recent ruling by the apex court, the petitioner has sought a directive to the government to issue a circular or notification for private and government hospitals, registered doctors and centres to provide their services for medical termination of pregnancy to minor girls who approach for the procedure after engaging in consensual sexual activity without having to report the situation to the local police.

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