On Wednesday, a Supreme Court bench led by justice D.Y. Chandrachud issued a judgment stating that registered medical doctors are exempted from disclosing the identity of minors who have come in for an abortion to the police. A registered medical practitioner (RMP) is obliged under Section 19(1) of the POCSO Act to report to the police when a minor approaches him/her for an abortion.

In his opinion, Justice Chandrachud noted that in many cases, minors and their guardians opt to go to an unqualified doctor for abortion rather than risk being involved in criminal proceedings following a report under Section 19(1) of the POCSO Act. Hence, it is necessary to harmonize the provisions of the MTP and POCSO laws, thereby enabling minors to approach an RMP for abortion without the fear of exposure.

He went on to say that it can also help protect the RMP′s statutory obligation under the POCSO Act to report the offence, as well as the minor′s rights to privacy and reproductive autonomy under Article 21 of the Constitution.

In his ruling, he stated that RMP does not need to disclose the identity and other personal details of the minor in the information provided under Section 19(1) of the POCSO Act. The court’s order also stated that the RMP who has provided information under Section 19(1) will be exempted from disclosing the minor’s identity in any criminal proceedings which may follow from the RMP’s report.