Justices Revati Mohite Dere and PK Chavan acknowledged the State’s commitment, extending the deadline for the committee’s formation to four weeks. The Court also directed the State to submit a compliance affidavit by then and scheduled a follow-up hearing to review the progress.
NEW DELHI: On Thursday(28th Nov), the State of Maharashtra assured the Bombay High Court that it would form a committee within two weeks to oversee the implementation of a 2022 Supreme Court decision protecting the identities of minors in abortion and medical termination of pregnancy (MTP) cases.
Justices Revati Mohite Dere and PK Chavan acknowledged the State’s commitment, extending the deadline for the committee’s formation to four weeks. The Court also directed the State to submit a compliance affidavit by then and scheduled a follow-up hearing to review the progress.
The Supreme Court’s ruling permits registered medical practitioners (RMPs) to withhold the identity of a minor when reporting a case under the Protection of Children from Sexual Offences Act (POCSO Act), but only if requested by the minor and their guardian.
In its 2022 judgment in X v. The Principal Secretary, Health and Family Welfare Department, Government of NCT Delhi & Anr, the Court emphasized that minors under 18 engaging in consensual sexual activity must be able to access MTP services. To ensure this, it directed that the MTP Act be aligned with the POCSO Act.
The Court ruled that, upon request from the minor and their guardian, an RMP is not required to disclose the minor’s identity in their mandatory report under Section 19(1) of the POCSO Act. The RMP is also exempt from revealing the minor’s identity in any subsequent criminal proceedings.
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At a hearing before the Bombay High Court on November 28, Milind Mhaiskar, Secretary of the Public Health Department, informed the Bench that the State would widely publicize the Supreme Court’s ruling through its website, social media, and workshops for medical practitioners and field officers.
Mhaiskar also assured the Court that a committee would be formed within two weeks to implement the Supreme Court’s guidelines, including protocols for handling forensic evidence with informed consent from the minor and their guardian.
