The state high court has allowed the medical termination of the pregnancy of a 16-year-old girl who was in a "close and consensual relationship." The family of the girl did not want to report the matter to the police as mandated under the POCSO Act. 

The court asked the police to proceed by the law as the issue of having sex with a minor involves the stringent Protection of Children from Sexual Offences Act, under which any such consent is immaterial. However, the judgement included that the Union of India was directed to ensure that the pregnancy of the petitioner’s daughter was terminated at AIIMS, Delhi at the government’s expense.

A bench of Chief Justice S C Sharma and Justice Subramonium Prasad noted in an interim order that the respondents are free to proceed by the law, but any report, which is registered by the police, must be kept under a sealed cover and it will be subject to the outcome of the instant writ petition.

The court has also acknowledged that the mother had simply requested one remedy but added that "the unmarried underage daughters pregnancy has to be terminated as soon as possible to prevent the writ petition from becoming infructuous." Contrarily, the court had earlier stated, "If she is a juvenile, it is an offence. The police must be notified of the situation. Although they might not be interested, the offence is against the state. According to the petitioner, publicising the case would result in social stigma. Also, the minor wouldnt be able to raise the kid due to her young age.