Minor Moves Delhi High Court For Termination Of 16-Week Pregnancy

A minor girl of 14 has approached Delhi High Court through her mother seeking medical termination of 16 weeks of her pregnancy at the AIIMS.

The girl is an unmarried minor and the pregnancy in question has arisen out of consensual sexual activity between the minor girl and minor boy.

The matter is listed for hearing before the bench of Justice Prathiba M Singh on Wednesday.

The petition has been moved by the girl's mother through advocate Amit Mishra seeking termination of pregnancy without reporting the matter to the local police.

It is submitted that the girl is a minor and the boy is in close relation with the family. Though reporting the matter is mandatory to the local police under the POCSO Act, this would bring social stigma, ostracization and harassment not only to the minor but also for the entire family.

The petition said that the girl doesn't want to continue the pregnancy as she is not prepared mentally and physically to raise the child. It is also said that the to continue with the said pregnancy would cause immense injury to her physical and mental health.

It is prayed to permit the petitioner to get her pregnancy terminated at any Government Hospital and specifically at AIIMS.

It is submitted that the MTP Act permits to termination of pregnancy of up to 20 weeks if the registered medical practitioner is of the opinion that the continuation of the pregnancy would cause risk to the life of the woman or of grave injury to her physical and mental health.

As per the ultrasound report of January 6, 2023, the pregnancy, in this case, is of 15 weeks and four days, the petition stated.

The petition has also referred to the recent judgement of the Supreme Court which has exempts the registered medical practitioner from mandatory reporting the pregnancy of the minor to the local police if it is arisen out of consensual sexual activity as required by Section 19 of the POCSO Act.

Even after passing the said order, the doctors are not providing their services to minors due to criminal proceedings against them.

The petitioner has also sought a direction to the government to issue circular/notification for government and private hospitals, registered centres and registered medical practitioners for providing their services for medical termination of pregnancy to minor girls approaching for termination of unwanted pregnancy arising out of consensual sexual activity without mandatorily reporting the matter to the local police in the light of recent judgement passed by the Supreme Court of India.

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