Delhi HC allows trial over abortion of minor’s pregnancy

The Story in Brief

The Delhi High Court has refused to stay criminal proceedings against a doctor accused of illegally terminating a 16-year-old’s six-week pregnancy and failing to report the case. Justice Purushaindra K Kaurav said doctors must verify and record a patient’s age, rather than rely on an unverified oral claim. Under the Medical Termination of Pregnancy Act, a minor cannot independently consent to an abortion, which requires written guardian consent.

The case began with a 2019 FIR alleging sexual assault and a subsequent termination. The court noted that the hospital collected no identity or address proof and said the prosecution record warranted a trial. The doctor had claimed the patient was reported as 20.

The Indian Opinion

The claim that this is merely paperwork ignores the legal safeguard at stake, while the opposite claim that the court has already found the doctor guilty is also wrong. The ruling allows the case to go to trial, not a conviction. Hospitals need a clear, documented age check and guardian-consent process, especially when an accompanying adult’s identity is uncertain. The trial will test what records existed and who knew what in 2019.

Source: timesofindia.indiatimes.com

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