The Maharashtra government assured the Bombay High Court that it will form a committee within two weeks to implement the Supreme Court’s 2022 guidelines safeguarding minors’ identities in abortion or medical termination of pregnancy (MTP) cases.
The Supreme Court’s ruling allows registered medical practitioners (RMPs) to withhold a minor’s identity in mandatory reports under the Protection of Children from Sexual Offences Act (POCSO Act), provided the minor and their guardian specifically request it. This aims to harmonize the POCSO Act with the MTP Act, ensuring that minors engaging in consensual sexual activity can access MTP services without fear of exposure.
Milind Mhaiskar, Secretary of the Public Health Department, informed the HC on Thursday that the State will publicise the ruling widely through its official website, social media, and workshops for medical practitioners and field officers. He also assured the formation of a committee to oversee the implementation of the guidelines, including protocols for collecting forensic evidence with informed consent from minors and their guardians.
Acknowledging the State’s efforts, the Bench of Justices Revati Mohite Dere and P.K. Chavan extended the deadline for the committee’s formation to four weeks and directed the State to submit a compliance affidavit by then. The court will review the progress in four weeks.
The State’s submission came during a hearing on a petition filed by Dr. Rajendra Chawhan, seeking permission to perform an MTP on a 16-year-old girl who was 14 weeks pregnant. The minor and her mother had requested that her identity remain confidential in line with the apex court’s ruling.
The HC permitted the termination, mandating that the minor’s identity be protected and informed consent obtained for any forensic evidence collection.
