India

From now on, names of minor girls who have abortions cannot be disclosed: Supreme Court

Supreme Court said that a minor involved in consensual sexual activity should get benefits under the MTP Act

The country still has a legal order not to reveal the names of rape victims. Now another part has been added to it. From now on the names of the minors who have had abortions cannot be disclosed. Nowadays incidents of minors getting pregnant for one reason or the other are happening in the country. In such a situation, now the Supreme Court has taken an important decision. The Supreme Court has specifically directed doctors that the names of minors who come for abortion need not even be disclosed to the local police.

Let us tell you that a day earlier, the Supreme Court had given equal rights to unmarried women to have an abortion up to 24 months under the Medical Termination of Pregnancy (MTP) Act. A day after this decision, minor girls have also been given special benefits. The Supreme Court said that a minor involved in consensual sexual activity should get benefits under the MTP Act. The Court further observed that the doctors are not required to disclose the identity of such minors to the local police. Also, the ambit of Rule 3B(b) of the MTP Act should be extended to women of all ages including minors below the age of 18 years. Also, the court advised that POCSO Act and MTP Act be read in detail.

The Supreme Court held that it could never be the intention of the legislature to deny minors the right to a safe abortion. However, the court has exempted minors from disclosing the identity of minors in legal proceedings under the POCSO Act. Such an interpretation of the MTP Act would prevent any conflict between the statutory obligation of the doctor to report an offense under the POCSO Act and the privacy and reproductive autonomy of a minor under Article 21 of the Constitution.

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