The Bombay High Court has strongly criticised the police for pressuring doctors to reveal the identities of minor girls seeking termination of pregnancy, despite a clear Supreme Court directive that such disclosure is not required. A bench comprising Justices Revati Mohite Dere and Neela Gokhale on July 28 observed that the police’s insistence on obtaining personal details was “nothing but harassment of the girls and doctors.”
Under existing rules, doctors are obligated to inform the police when a girl under the age of 18 seeks an abortion. However, the issue at hand was whether doctors are also bound to disclose the minor’s identity.
The case was brought before the High Court by a city-based gynaecologist who sought protection from being compelled to reveal the name of a minor girl seeking to terminate a 13-week pregnancy. The girl had engaged in consensual sexual relations with a boy and, along with her parents, had requested anonymity, citing concerns about her future.
SC had already ruled against mandatory disclosure in 2022
Advocate Meenaz Kakalia, representing the petitioner, cited a 2022 Supreme Court ruling which held that a medical practitioner is not required to disclose the identity or personal details of a minor girl in any criminal proceeding.
Accepting this argument, the High Court allowed the gynaecologist to carry out the abortion without disclosing the girl's name to the police.
‘Surprised’ doctors still need court permission
The bench expressed surprise that doctors were still being forced to approach the High Court for permission in such cases, even after the apex court’s clear direction. “This is nothing but harassment of the doctors as well as the minor victims,” the judges stated in their order.
Court orders SC ruling to be circulated across Maharashtra police
The court directed that the 2022 Supreme Court ruling be circulated to all police stations in Maharashtra. It also instructed that a copy of the judgment be forwarded to the Director General of Police (DGP) for appropriate action to prevent further such instances.
(With PTI inputs)
