Delhi HC seeks Centre's stand on plea to terminate pregnancy of minor in 'consensual' relation

New Delhi, Sep 16: The Delhi High Court on Friday sought the stand of the Centre and the city government on a plea seeking medical termination of pregnancy of a 16-year-old girl, who was in a “close and consensual relationship”, without reporting the matter to the local police.

A bench headed by Chief Justice Satish Chandra Sharma issued notices on the petition by the mother of the minor girl who was 18-week pregnant and requested the Additional Solicitor General to appear and assist the court on the next date of hearing.

The bench, also comprising Justice Subramonium Prasad, noted while there was “no problem" with medical termination of pregnancy, since the consent of the victim is immaterial in a sexual offence case involving a minor, the incident has to be mandatorily reported to the police as per section 19 of the Protection of Children from Sexual Offences (POCSO) Act.

“If she is a minor, it is an offence. The matter has to be reported to the police. They might not be interested but the offence is against the State,” said the court which listed the case for further consideration on September 20.

Lawyer Amit Mishra, appearing for the petitioner who claimed that hospitals have refused to terminate the pregnancy without informing the police, submitted the minor was in a consensual relationship and her family does not want to report the matter “out of shame and humiliation”.

The petitioner has said reporting the case to police would cause social stigma and the minor will not be able to raise the child on account of her tender age, if the termination of pregnancy is not allowed.

“The daughter of the petitioner has the fundamental right to privacy, personal autonomy, dignity, reproductive choice which are inseparable part of right to life under article 21 of the Constitution,” the plea said.

“The denial (of permission) to terminate her pregnancy would bring her to quacks or some unregistered or illegal centre for termination of the said pregnancy and the same may cause complications or serious risk to her health,” it said.