Mumbai |
The Bombay High Court has strongly criticized the police for compelling doctors to disclose the identities of minor girls seeking abortion — a practice that violates a Supreme Court directive.
A bench of Justices Revati Mohite Dere and Neela Gokhale, in a hearing on July 28, termed the police action as “harassment of the girls and doctors.” The court emphasized that while medical professionals are required to inform police when a minor seeks termination of pregnancy, they are not obligated to reveal the girl’s identity.
The rebuke came during the hearing of a petition filed by a Mumbai-based gynaecologist, who approached the court after police allegedly pressured him to disclose the name of a minor girl carrying a 13-week pregnancy. The girl, who had reportedly engaged in consensual relations, sought an abortion with the support of her parents, but they wished to maintain confidentiality due to concerns about her future.
Advocate Meenaz Kakalia, representing the petitioner, cited a 2022 Supreme Court judgment which clearly stated that doctors are not required to reveal the identity or personal details of minor victims in criminal proceedings.
The High Court allowed the termination procedure to go ahead without revealing the girl’s name and expressed surprise that doctors still had to seek judicial permission despite an apex court ruling.
“This is nothing but harassment of the doctors as well as the minor victims,” the bench remarked.
The court directed that the Supreme Court judgment be circulated to all police stations in Maharashtra and a copy be sent to the state Director General of Police to ensure compliance.
This case underscores ongoing tensions between medical ethics, patient confidentiality, and law enforcement practices, particularly in sensitive cases involving minors.
