[POCSO Act] No need to insist on disclosure of minor victim's name while aborting pregnancy from consensual sex: Madras High Court

The Madras High Court recently held that it is not necessary for a medical professional to insist on disclosure of the name of minors who approach them for medical termination of pregnancy arising out of consensual sexual activity..A special bench of Justices N Anand Venkatesh and Sunder Mohan constituted for dealing with cases under the Protection of Children from Sexual Offence Act (POCSO Act), cited the Supreme Court's judgement in the case of X vs Principal Secretary, Health and Family Welfare Department that had said that doctors must not insist on the name of minors approaching them for medical termination of pregnancy..The Supreme Court had said that an adolescent and her guardian may be wary of the mandatory reporting requirement as they may not want to entangle themselves with the legal process. Such insistence on the names might lead them to approach an unqualified person or quacks for medical termination of the pregnancy, the top court had said.."It is clear from the above that where a minor approaches a registered medical practitioner for medical termination of pregnancy arising out of a consensual sexual activity, it is not necessary to insist for the disclosure of the name of the minor in the report that is normally given under Section 19(1) of the POCSO Act," the High Court said in its order passed on August 14..The bench of Justices Venkatesh and Mohan, therefore, directed the principal chief secretary of the State to address the issue and evolve a "standard operating procedure" to strictly comply with the Supreme Court judgment..Duirng the previous hearing, the High Court had directed the Tamil Nadu Director General of Police (DGP) to ascertain the number of pending cases against minors before courts and Juvenile Justice Boards across the State involving consensual sexual relationships. It had said it will quash all such cases that proved to be against the interest of the minors involved.On Wednesday, the DGP told the Court that 111 such cases had been identified. These cases were either at the stage of investigation or at a stage where the investigation had been completed and final report had been filed and the same was yet to be taken on file by the concerned jurisdictional court, the DGP said..The Court said that the police authorities will get in touch with the parents of the minors and in such cases that were deserving of being quashed and where the parents give their consent, it will quash all proceedings..The bench was constituted following an order to that effect in April this year by the then acting Chief Justice T Raja.The April order in turn had come following a recommendation by now retired Justice PN Prakash and Justice Venkatesh, who at the time, were presiding over a habeas corpus petition filed by the father of a minor girl.As per the petition, the girl had been subjected to the prohibited 'two finger test,' and sent to a state-run shelter by the Child Welfare Committee after a video showing one of her classmates tying a thali (mangalsutra) around her neck was circulated on social media..Advocates Deepika Murali and Pratiksha E appeared for the original petitioner in the Habeas Corpus petition..[Read Order]