State to form panel to protect minors' identities in abortion cases: Bombay High Court told

The State of Maharashtra on Thursday assured the Bombay High Court that it will constitute a committee within two weeks to oversee the implementation of a 2022 Supreme Court ruling that allowed the protection of minors' identities in abortion/ medical terminations of pregnancy (MTP) cases..The Supreme Court's ruling allows registered medical practitioners (RMPs) to withhold the identity of a minor when mandatorily reporting a case under the Protection of Children from Sexual Offences Act (POCSO Act), but only if the minor and their guardian specifically request it.In its judgment in X v. The Principal Secretary, Health and Family Welfare Department, Government of NCT Delhi & Anr (2022), the Supreme Court had clarified that to ensure all minors under 18 years who engage in consensual sexual activity can access MTP services, the MTP Act must be harmonized with the POCSO Act. The top court ruled that, upon request from the minor and their guardian, an RMP does not need to disclose the minor's identity in their mandatory report under Section 19(1) of the POCSO Act. Additionally, the RMP is exempt from revealing the minor's identity in any subsequent criminal proceedings..During a hearing before the Bombay High Court on Thursday (November 28), Milind Mhaiskar, Secretary of the Public Health Department, informed the Bench that the State would widely publicize the Supreme Court’s ruling.This would be done through the department’s official website, social media platforms, and workshops for medical practitioners and field officers, the Secretary said.He also assured the High Court that a committee would be constituted within two weeks to ensure proper implementation of the Supreme Court's guidelines, including protocols for handling forensic evidence with informed consent from the minor and their guardian.Justices Revati Mohite Dere and PK Chavan acknowledged the State's commitment and extended the deadline for the committee’s formation to four weeks. The Court also directed the State to file a compliance affidavit by that time. The Court will reconvene in four weeks to review the progress..The State's submission was made during the hearing of a petition filed by Dr Rajendra Ratilal Chawhan, who sought permission to perform an MTP on a 16-year-old girl who was 14 weeks pregnant. The minor and her mother had approached the petitioner for the procedure and requested that the minor’s identity not be disclosed, in accordance with the Supreme Court’s ruling.The High Court had allowed the termination to proceed without revealing the minor’s name, provided that informed consent for any forensic evidence collection was obtained.