Bombay HC Raps Police For Forcing Doctors To Reveal Minor's Identity In MTP Cases Despite Supreme Court Ruling

Mumbai: The Bombay High Court has come down heavily on the police for insisting that doctors disclose the names and identities of minor girls seeking medical termination of pregnancy (MTP), despite a Supreme Court ruling clearly stating that such disclosure is not mandatory.

HC Slams Police Overreach

Calling it “nothing but harassment of the doctors as well as the minor victims,” a bench of Justices Revati Mohite Dere and Neela Gokhale said they were “quite surprised” that doctors were still being forced to seek court directions in such cases.

Doctors Seek Legal Clarity

The court was hearing a petition filed by a city-based gynecologist who sought a declaration that he was free to conduct an MTP procedure on a minor girl without being required to reveal her identity to the police.

2022 SC Verdict Cited

The petitioner was represented by advocate Meenaz Kakalia, who cited a 2022 Supreme Court judgment holding that medical practitioners are not obligated to disclose the identity or personal details of a minor girl in any criminal proceeding.

According to the plea, the minor girl, who is 13 weeks pregnant, had consensual sexual relations with a boy known to her. Her parents are also in favour of terminating the pregnancy but wish to keep her identity confidential considering her future.

Court Allows Abortion

The High Court allowed the gynecologist to proceed with the termination without disclosing the girl’s name or identity.

Bombay HC: Father Withdraws Petition For Daughter’s MTP After Her Desire To Marry And Continue Pregnancy

Directive to Police

Taking note of the repeated police insistence, the court ordered that the 2022 Supreme Court ruling be circulated to all police stations in Maharashtra. It also directed that a copy of its order be sent to the Director General of Police (DGP) to ensure necessary action is taken. “This is nothing but harassment of the doctors as well as the minor victims,” the bench reiterated.