The Delhi High Court disposed of a writ petition seeking termination of an unmarried minor's pregnancy without police reporting under POCSO. The court directed the petitioner to comply with the Supreme Court judgment in X vs. Union of India.
Petitioner to comply with Supreme Court directions in X vs. Union of India.
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$~92
N ..... Petitioner
Through: Dr. Amit Mishra, Advocate.
versus
THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT & ORS. ..... Respondents Through: Ms. Hetu Arora Sethi, ASC for GNCTD.
Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Ms. Shreya V. Mehra and Ms. Vidhi Jain, Advocates for UoI.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R % 08.05.2024
“ A. Permit the Petitioner to get terminated the ongoing pregnancy of her unmarried minor daughter through registered medical practitioners at any Government Hospital specifically AIIMS Hospital New Delhi immediately as per section 3(2) (a) (i) r/w section 3(3), 3(4) & section 4 MTP Act without reporting the case to the Local police as mandated under section 19 (1) POCSO Act in the light of recent Judgement passed by Hon'ble Supreme Court of India.
B. Direct Respondent No. 1 and 2 to pass a circular/notification for Government and Private Hospitals, Registered Centers and RMP's for providing their services of medical termination of pregnancy to
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/05/2024 at 11:54:58
minor girls approaching for termination of their unwanted pregnancy arising from consensual sexual activity under MTP Act without reporting the matter to the local police as mandated under section 19( 1) POCSO Act in the light of recent Judgement passed by Hon'ble Supreme Court of India.
C. Order an immediate Interim Relief or stay during the course of proceedings. ”
SUBRAMONIUM PRASAD, J
MAY 8, 2024 Rahul
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/05/2024 at 11:54:58
1 issue framed by the court
Whether a writ petition regarding termination of pregnancy of an unmarried minor girl can be disposed of by directing compliance with Supreme Court directions in X vs. Union of India.
Colour shows how this judgement treated each authority
X vs. Union of India and Another, 2023 SCC OnLine 1338Relied on¶18
3 provisions across 2 enactments
N
The Principal Secretary Health and Family Welfare Department
Subramonium Prasad
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
