Delhi High Court Case on Termination of Pregnancy

New Delhi: A 14-year-old has been admitted to the All India Institute of Medical Sciences (AIIMS) Delhi for termination of pregnancy at 16 weeks, the Government informed Delhi High Court on Wednesday. The petition has been moved by the girl's mother seeking termination of pregnancy without reporting the matter to the local police.

The matter will be heard on January 23. Justice Prathiba M Singh was informed by the counsel for the central government that as per the medical board, the minor admitted at the All India Institute of Medical Sciences was administered the medicine.

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The counsel also placed the report of the Medical Board before the bench.

The teenager had approached the high court through her mother seeking medical termination as she is minor and unmarried. The pregnancy in question arose out of consensual sexual activity between the minor girl and a minor boy.

The mother of the girl moved a petition 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 to not only the minor but to the entire family.

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

It is prayed to permit the petitioner to get terminated the pregnancy at any Government Hospital and specifically at AIIMS. It is submitted that the MTP Act permits for 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 woman's life or 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 4 days, the petition stated.

The petition has also referred to the recent judgment of the Supreme Court which has exempted 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 arises out of consensual sexual activity without mandatorily reporting the matter to the local police in the light of recent judgment passed by the Supreme Court of India.

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