The Delhi High Court has refused to quash criminal proceedings against a doctor accused of terminating a minor’s pregnancy without complying with safeguards under the Medical Termination of Pregnancy Act and reporting requirements under the POCSO Act. The case relates to a 2019 incident where a survivor alleged sexual assault and pregnancy. On July 26, 2019, she was taken to a medical centre, where she was found to be six weeks pregnant and was referred to another medical centre, where the termination was performed.
The court held that a minor cannot independently consent to termination of pregnancy and that such consent is legally insufficient. It noted that no guardian consent was obtained and that the signature of a minor does not satisfy the statutory requirement. “A minor cannot independently consent to termination under the MTP Act.” The court observed that Form I under the MTP…
