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2025 Supreme(Online)(Bom) 5300

BOMBAY HIGH COURT
REVATI MOHITE DERE, DR. NEELA GOKHALE, JJ
Dr. Nikhil Datar – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Meenaz Kakalia
For the Respondents: Mrs. P. P. Shinde

Table of Content
1. protection of privacy for minors under medical law. (Para 1 , 3 , 4)
2. parental consent and identity confidentiality in medical procedures. (Para 5 , 6 , 9)
3. order permitting medical termination while safeguarding minor's identity. (Para 7 , 12)

DR. NEELA GOKHALE, JJ.

DATE : 28th JULY 2025.

P.C.:-

1. The Petitioners seek a direction that the Petitioner No.1 is free to undertake medical termination of pregnancy without disclosing the name and identity of the Petitioner No.2, who is a minor girl by placing reliance on the decision of the Supreme Court in X. v. The Principal Secretary, Health and Family Welfare Department, Government of NCT, Delhi & Anr. reported in (2022) 7 SCR 686.

2. Heard the learned counsel for the parties.

3. We have perused the judgment of the Supreme Court as aforesaid. Para 81 of the said judgment reads thus;

“81. To ensure that the benefit of Rule 3B(b) is extended to all women under 18 years of age who engage in consensual sexual activity, it is necessary to harmoniously read both the POCSO Act and the MTP Act. For the limited purposes of providing medical termination of pregnancy in terms of the MTP Act, we clarify that the RMP, only on reques

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