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Bombay High Court Bans Police Demands for Minor Identities in Abortion Cases

Allowing a 13-week termination without revealing the minor’s identity, the court directed Maharashtra police to implement a Supreme Court confidentiality judgment.

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Bombay High Court (Representative Image)
 (Shutterstock)

Overview

  • A bench of Justices Revati Mohite Dere and Neela Gokhale on July 28 rebuked Maharashtra Police for harassing doctors and under-18 girls by insisting on disclosing personal details.
  • The court granted a city-based gynecologist the right to proceed with a 13-week pregnancy termination without sharing the minor patient’s name or identity with law enforcement.
  • Judges referenced a 2022 Supreme Court ruling under the Medical Termination of Pregnancy and POCSO Acts that exempts medical practitioners from revealing minors’ identities in criminal proceedings.
  • To ensure uniform enforcement, the High Court ordered that the Supreme Court’s confidentiality judgment be circulated to all police stations in Maharashtra and to the state Director General of Police.
  • The petition underscored that the 13-week-pregnant girl and her parents sought confidentiality to safeguard her future after a consensual relationship.