The Bombay High Court strongly criticized the police for pressuring doctors to disclose the identity of minor girls seeking abortion, calling it “unnecessary interference” and stating such action amounts to harassment of both the girls and the doctors.
Mumbai: The Bombay High Court criticized the police for pressuring doctors to reveal the identities of minor girls seeking abortion, despite a Supreme Court ruling against such practices.
Justice Revati Mohite Dere and Neela Gokhale stated that “this insistence from the police amounts to harassment of the girls and doctors.”
According to existing regulations, when a girl under the age of 18 approaches a physician for an abortion, the doctor is required to notify the police.
A petition from a local gynaecologist sought relief from this obligation, as the girl in question had engaged in consensual sexual relations and, along with her parents, wished to terminate her 13-week pregnancy without disclosing her identity to the authorities for the sake of her future.
Meenaz Kakalia, the lawyer representing the petitioner, referenced a 2022 Supreme Court decision stating that medical practitioners are not obligated to reveal the identities or personal details of minors in any criminal proceedings.
The court granted the gynecologist permission to proceed with the abortion without disclosing the girl’s name.
The judges expressed surprise that, despite the Supreme Court’s directive, doctors still felt compelled to seek permission from the High Court due to police demands for the identities of minor victims.
The High Court remarked,
“This is nothing but harassment of the doctors as well as the minor victims,”
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The court also ordered that the Supreme Court ruling be disseminated to all police stations in Maharashtra and that a copy be sent to the state Director General of Police for appropriate action.
It directed the state’s Director General of Police to take appropriate measures to prevent the recurrence of such violations.
The judges remarked,
“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,”