The Delhi High Court Monday directed the Delhi Government to issue a circular stating that "identity of a minor girl seeking medical termination of pregnancy or her family shall not be disclosed in the report of the registered medical practitioner to police".

Justice Prathiba Singh while hearing a petition filed by the mother of a 14-years old girl seeking medical termination of her daughter’s pregnancy without reporting the matter to the local police, as mandated under the Protection of Children from Sexual Offences (POCSO) Act, as it would lead to social stigma, ostracisation, and harassment.

It was stated in the petition that the girl was 15 weeks and 4 days pregnant as on January 6, 2023, was in a consensual relationship with a minor boy and did not want to continue the pregnancy as she was not physically and mentally prepared to raise the child.

The Delhi High Court earlier this month had directed to terminate a pregnancy at AIIMS. Section 19(1) of POCSO Act mandates for reporting of child sexual offences to the Special Juvenile Police Unit or local police.

The court noted that the issue had been covered by a decision of the Supreme Court in “X v Principal Secretary Health and Family Welfare Dept, Govt of NCT of Delhi & Anr.” wherein registered medical practitioners have been exempted from mandatorily reporting offences of “consensual sexual activity” under the POCSO Act.

The HC observed in its order that, “Termination of the petitioner’s pregnancy has already taken place. However, there is an urgent and immediate cause of concern that this petition raises in cases of termination of pregnancy in the unfortunate event of being a minor girl. As per the current position, registered medical practitioners are generally reluctant to carry out termination of pregnancy without disclosing the identity of the minor and the family of the minor and without lodging a police report.”

The HC directed, “Thus, in terms of the order passed by the Supreme Court, the GNCTD (Delhi government) is directed to issue a circular to the effect that in case of any minor along with family approaching any registered medical practitioner for termination of pregnancy, the identity of the minor, the guardian or the family as may be deemed to be appropriate shall not be disclosed in the registered medical practitioner’s report to police. The termination shall, however, be carried out in terms of the prevalent procedures.”

The HC further directed that the Delhi Police shall also ensure that in such cases, the report which is registered does not disclose the identity of the minor and their family.

The counsel appearing for the Delhi government submitted that the issue of consensual sex between minors had not been dealt with. She said, “There is another aspect to it, now when we are talking about it, it is only by keeping the female child in mind. Now the effect of that is also there on the male child. Again in the case of consensual sex like the present one, where both male and female child are involved, but police registered the case as required under the POCSO Act. The boy’s family is harassed, protection has not been given under the Act, nor by the judgment.”

The Court observed that "if the male is a minor, the second if there is consensual sexual activity or not, and third if the male is an adult. The HC, thereafter, directed the Delhi government to file an affidavit on this issue and listed the matter for hearing on March 10.

It was argued by the petitioner that "there may be situations like in the present case where the minor girl and her family do not want to pursue the case and do not want investigation against the boy. On this, the HC remarked, “Should we permit that… is the question. Then what stops the boy from having other relationships?…There has to be some check on it, no?”