Bombay HC Raps Maharashtra Govt For Not Framing Guidelines To Protect Minor Rape Victims' Identity

Mumbai: The Bombay High Court has pulled up the Maharashtra government for failing to implement the Supreme Court’s directions on protecting the identity of minor victims of sexual assault. The court noted that “too little” has been done since the apex court’s order in May 2024 and directed the state to submit draft guidelines by September 8.

Doctors Harassed

A bench of Justices Ravindra Ghuge and Gautam Ankhad was hearing petitions filed by two doctors who alleged harassment by police officers for refusing to disclose the names of minors who approached them for medical termination of pregnancy (MTP).

“(Petitions) have been filed by Doctors, who are ‘purportedly harassed’ by the Police officers of the concerned Police Stations who insist on recording the name of the minor victim of an incident,” the court noted.

Supreme Court Ruling Cited

The judges referred to the 2022 Supreme Court’s ruling in X vs Principal Secretary, Health and Family Welfare Dept (2022) which clearly held that the identity of such minors must remain confidential. The HC too, in 2924, directed the state to frame guidelines for the police and authorities to ensure that identity of minor victims are protected.

Delay Highlighted

“We are of the view that too little has been done by the State Government. More than 15 months have lapsed after the first direction of this Court dated 7th May, 2024. The guidelines are not in place,” the bench observed, adding that despite suggestions from doctors, “the state has hardly made any efforts.”

Case Trigger

The petitions arose after Palghar police allegedly compelled gynaecologist Dr. Rajendra Chawhan to disclose the identity of a 16-year-old who sought termination of a 14-week pregnancy in 2024. The girl and her mother had informed the doctor that the pregnancy was a result of a consensual relationship.

Legal Context

Under the POCSO Act, consent of a girl under 18 is immaterial, and doctors are mandated to report such cases and preserve forensic evidence. However, in 2022 the Supreme Court clarified that while evidence must be collected with the consent of the minor and guardian, doctors are not required to disclose the minor’s identity.

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Bombay HC Raps Police For Forcing Doctors To Reveal Minor’s Identity In MTP Cases Despite Supreme Court Ruling

Next Steps

Petitioner’s advocate argued that compelling doctors to reveal names is contrary to the apex court’s ruling. She urged the state to circulate the SC judgment and direct all police stations not to insist on disclosure. The HC has now asked the government to table draft guidelines on September 8.