The Bombay High Court has come down heavily on the police for compelling medical practitioners to disclose the identity of minor girls seeking termination of pregnancy, in direct defiance of a Supreme Court directive protecting such minors’ confidentiality.
A division bench comprising Justices Revati Mohite Dere and Neela Gokhale, on July 28, expressed shock over the police’s insistence despite the apex court’s 2022 judgment clearly stating that doctors are not required to reveal the names or personal details of minor girls in such cases.
“This is nothing but harassment of the doctors as well as the minor victims,” the bench remarked, noting that despite clear legal precedent, doctors were still being forced to approach the High Court for relief.
The observations came while hearing a plea by a Mumbai-based gynecologist who sought judicial directions to perform a pregnancy termination for a 13-week pregnant minor girl without being compelled to disclose her identity. The girl, who had consensual relations with a boy known to her, and her parents wished to proceed with the abortion privately, fearing stigma and long-term consequences.
Citing the 2022 Supreme Court ruling, advocate Meenaz Kakalia, appearing for the petitioner, argued that compelling disclosure of the minor’s identity was unlawful. The High Court agreed and permitted the gynecologist to carry out the medical procedure without revealing the girl’s name to the police.
The bench also ordered that the Supreme Court judgment be circulated to all police stations in Maharashtra for compliance. It directed the state’s Director General of Police to ensure necessary steps are taken so that such violations do not recur.
“This court is quite surprised that despite the clear order of the Supreme Court, doctors are still being subjected to unnecessary interference by the police,” the judges said, calling for immediate corrective action.
