Bombay HC fumes at police for compelling doctors to reveal minor girls' names for pregnancy termination

Mumbai: The Bombay High Court expressed its displeasure with police for compelling doctors to reveal the names and identity of minor girls who wish to terminate their pregnancy despite a Supreme Court directive saying it need not be insisted upon.

A bench of Justices Revati Mohite Dere and Neela Gokhale on July 28 said the police's insistence on revealing the name and identity of such girls was nothing but harassment of the minor victims and doctors.

A city-based gynecologist had filed a petition seeking a direction that he was free to carry out the medical procedure to terminate the pregnancy of a minor girl without disclosing her name and identity to the police.

The petitioner's lawyer, Meenaz Kakalia, relied on a 2022 Supreme Court judgment which said the medical practitioner need not disclose the identity and other personal details of the minor in any criminal proceedings.

As per the plea, the girl had consensual sexual relations with a boy known to her and is now 13 weeks pregnant.

The girl and her parents are desirous of terminating the pregnancy, but considering her future are unwilling to reveal her identity.

The high court permitted the gynecologist to carry out the girl's pregnancy termination without being compelled to disclose her name and identity.

The HC said it was "quite surprised" that despite the Supreme Court order that the identity of the minor girl need not be insisted upon to be revealed, the doctors concerned are compelled to approach this court for permissions as police insist upon them to reveal the name and identity of the minor victims.

"This is nothing but harassment of the doctors as well as the minor victims," the high court said.

The bench directed for the SC order to be circulated to all police stations in Maharashtra for information and necessary action.

A copy of the order shall also be sent to the state Director General of Police to take necessary steps, the HC said.