The Delhi High Court has granted permission to a 14-year-old girl to undergo an abortion at 11 weeks of gestation while ensuring her privacy is maintained throughout the process. The court order mandates that the medical practitioner will file a report without disclosing the identity of the girl or her family. The police authorities investigating the case have also been instructed not to reveal any personal details of the minor during the course of the investigation.
The petitioner had filed the plea through her mother, seeking directions to be allowed to undergo a medical termination of pregnancy while maintaining her anonymity. The lawyer representing the petitioner stated that the pregnancy arose from a consensual relationship, and the petitioner wished to protect her identity during the procedure. However, no registered medical practitioner was willing to perform the procedure while keeping her name a secret.
The Delhi High Court cited a judgement passed by the Supreme Court in September 2022, extending the benefits of the Medical Termination of Pregnancy (MTP) Act to minors who engage in consensual sexual activity by exempting doctors from disclosing their identity to the local police. The top court had said it was necessary to harmoniously read both the Protection of Children from Sexual Offences (POCSO) Act and the MTP Act.
The High Court’s order is significant as it upholds the privacy rights of the minor and provides a safeguard to minors seeking abortions. The court’s direction to maintain the anonymity of the minor and her family will go a long way in protecting them from social stigma and discrimination.
In India, the legal age for marriage is 18 for girls and 21 for boys. However, child marriage is still prevalent in many parts of the country, and girls often become victims of early pregnancy, which can have serious health consequences. The MTP Act, which was enacted in 1971, allows women to undergo abortions up to 20 weeks of pregnancy, but minors seeking abortion face additional legal hurdles due to their age.
The Delhi High Court’s decision is a step in the right direction towards protecting the reproductive rights of minors and ensuring their privacy is maintained during medical procedures. It is essential to ensure that minors have access to safe and legal abortions and are not subjected to unnecessary legal and social barriers.