Minor approaches Delhi HC seeking termination of 16 weeks pregnancy
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New Delhi: A Delhi girl, a minor, has approached the Delhi High Court seeking termination of her 16 weeks pregnancy. The 14-year-old moved the court through her mother for the same, reports Asian News International.
An unmarried minor, the pregnancy happened out of a consensual sexual activity with a minor boy. The case has been listed for hearing before the bench of Justice Prathiba M Singh on Wednesday.
The girl’s mother moved the petition through advocate Amit Mishra, and she sought a pregnancy termination without reporting the matter to the local police.
The mother submitted that the minor boy is in close relation with the girl’s family. Though the POCSO Act mandates that the local police must be reported, reporting would invite social stigma, ostracization and harassment to the minor as well as the whole family, the petition said.
The petition further said that the girl does not wish to continue the pregnancy since she is not mentally and physically prepared. The pregnancy would severely injure her physical and mental health, the plea said, and she prayed to permit the termination in a government hospital, AIIMS, if possible.
The submission by the girl’s mother further said that the Medical Termination of Pregnancy (MTP) Act 1971 allows terminations up to 20 weeks of pregnancy if the doctor finds that its continuation would risk the life of or impart injury to the woman, physically or mentally. It referred to the recent judgement of the Supreme Court, which has exempted the registered medical practitioner from mandatory reporting the pregnancy of the minor to the local police if it is arisen out of consensual sexual activity as required by Section 19 of the POCSO Act.
Finally, the petition demanded directions to the government to issue circular/notification for government and private hospitals, registered centres and registered medical practitioners to provide services for medical termination of unwanted pregnancies among minors, that too out of consensual sexual activity. This should be done without reporting the matter to local police, in view of the recent apex court ruling.
