The Delhi High Court fixed a hearing on January 18 on the plea by a 14-year girl through her mother for medical termination of her 16-week pregnancy from a minor boy out of consensual sex as she is not prepared mentally and physically to raise the child.
The girl’s mother has pushed the petition with the help of advocate Amit Mishra wanting pregnancy termination at the All India Institute of Medical Sciences (AIIMS) without reporting it to the local police as it would bring social stigma, ostracisation and harassment not only to the minor but also for the entire family.
However, reporting the matter is mandatory to the local police under the POCSO Act.
The plea also made reference to a recent Supreme Court decision that exempts registered medical professionals from Section 19 of the POCSO Act’s requirement that they disclose a minor’s pregnancy to the local police if it resulted from consenting sexual activity.
According to the plea, the Medical Termination of Pregnancy Act allows for the termination of a pregnancy up to 20 weeks if the registered medical practitioner believes that the woman’s life would be in grave danger or that her physical or mental health would suffer significantly as a result of carrying the pregnancy to term.
As per the ultrasound report of January 6, 2023, the pregnancy, in this case, is of 15 weeks and four days, the petition added.