Aastha Pareek
The Bombay High Court on November 28, (Thursday) took significant steps to address the confidentiality of minors involved in cases of medical termination of pregnancy (MTP) stemming from sexual assault. Recognizing the dual need for justice and the protection of victims’ rights, the bench comprising of Justices Revati Mohite Dere and PK Chavan directed the state to form a panel dedicated to safeguarding minors’ identities in such sensitive matters. The decision aims to prevent further trauma for victims by ensuring privacy throughout the legal and medical processes.
In the recent ruling, the Court has allowed late-term abortions for minor rape survivors, even beyond the statutory limit of 20 weeks specified in the Medical Termination of Pregnancy (Amendment) Act, 2021. Judicial approval in such cases often hinges on the assessment of medical boards regarding the physical and mental health of the minor. Furthermore, the Court has instructed the preservation of biological evidence, such as fetal tissue, to facilitate criminal investigations while ensuring that the victim’s anonymity remains uncompromised.
During a hearing on a petition filed by Dr. Rajendra Ratilal Chawhan, the Bombay High Court addressed a request for permission to terminate the pregnancy of a 16-year-old girl who was 14 weeks pregnant. The petitioner, approached by the minor and her mother for the procedure, sought to ensure that the minor’s identity would remain protected, in line with Supreme Court guidelines on privacy.
The Court permitted the medical termination to proceed without disclosing the minor’s identity. It further emphasized the importance of obtaining informed consent for the collection of any forensic evidence, safeguarding both legal and ethical considerations.
In its 2022 judgment in X v. The Principal Secretary, Health and Family Welfare Department, Government of NCT Delhi & Anr, the Supreme Court emphasized that the Medical Termination of Pregnancy (MTP) Act must be aligned with the Protection of Children from Sexual Offences (POCSO) Act to ensure that all minors under the age of 18 engaging in consensual sexual activity can access MTP services.
The move aligns with the principles established in landmark cases like Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1 which underscored the right to privacy as a fundamental right. By proposing this panel, the Court has set a precedent for harmonizing legal procedures with the ethical obligation to protect vulnerable individuals from societal stigma and psychological distress.
This development reflects a broader judicial effort to adapt existing laws to address the unique challenges posed by cases involving minors. By balancing the need for confidentiality with investigative requirements, the Bombay High Court seeks to create a more supportive legal framework for survivors of sexual violence.
Case Name:- Dr. Rajendra Ratilal Chawhan and Anr. v. The State of Maharashtra and Anr.
Case Number:- WP(ST)/10276/2024 [Criminal]
Bench:- Justices Revati Mohite Dere and PK Chavan