The Maharashtra government has pledged to establish a panel within two weeks to safeguard the identities of minors seeking medical termination of pregnancy (MTP). This commitment, made during a hearing in the Bombay High Court on Thursday, aligns with the 2022 Supreme Court judgment in X v. The Principal Secretary, Health and Family Welfare Department, Government of NCT Delhi & Anr., which aims to harmonize provisions of the MTP Act and the Protection of Children from Sexual Offences Act (POCSO).
The Supreme Court had ruled that registered medical practitioners (RMPs) are exempt from disclosing a minor’s identity when reporting under Section 19(1) of the POCSO Act, provided the minor and their guardian request confidentiality. This exemption also applies during subsequent criminal proceedings.
During the hearing, Milind Mhaiskar, Secretary of Maharashtra’s Public Health Department, assured the Bench of Justices Revati Mohite Dere and PK Chavan that the State would widely disseminate the Supreme Court’s guidelines. “The State will publicize the ruling through its official website, social media platforms, and workshops for medical practitioners and field officers,” Mhaiskar said.
The Bombay High Court directed the State to ensure compliance with the Supreme Court’s protocols, including the collection of forensic evidence with informed consent. A compliance affidavit is to be filed within four weeks, when the Court will review progress.
Justice Dere observed, “The State’s commitment to implementing the Supreme Court’s judgment is significant for ensuring that minors can access medical services without fear of identity disclosure. We expect this committee to function effectively in safeguarding these rights.”
The submission came in response to a petition by Dr. Rajendra Ratilal Chawhan, seeking permission to perform an MTP on a 16-year-old girl who was 14 weeks pregnant. The minor and her mother had specifically requested that her identity remain undisclosed, in line with the Supreme Court’s ruling.
The Court allowed the procedure, reiterating the importance of informed consent for handling forensic evidence. The Judges emphasized that the harmonization of the MTP and POCSO Acts is crucial to balancing medical and legal considerations while protecting minors’ rights.
The upcoming panel is expected to oversee the effective implementation of these directives and ensure that minors’ identities are protected in such cases, marking a significant step toward safeguarding reproductive rights for minors.
