Daijiworld Media Network – Mumbai

Mumbai, Sep 12: The Bombay High Court has strongly criticised the state government for failing to frame guidelines balancing the Medical Termination of Pregnancy (MTP) Act, 1971 and the Protection of Children from Sexual Offences (POCSO) Act, 2012, despite repeated directions.

The issue concerns safeguarding the privacy of minors in consensual relationships who seek abortion. While the amended MTP Act guarantees confidentiality for women, the POCSO Act makes it mandatory for doctors to report cases involving those under 18 to the police.

Gynaecologist and health rights activist Dr Nikhil Datar, who has been pursuing the matter, argued that mandatory reporting exposes minors to social and legal consequences. In May 2024, the HC had directed the state to prepare guidelines in consultation with doctors, following a case where a minor sought abortion after consensual sex.

Although the state issued a GR in December 2024 citing court judgments, it failed to present specific rules. The HC observed that “too little has been done” despite 15 months passing since its initial order. The court granted the state one final extension, posting the matter for hearing on September 29.