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12.01.2023

1.

This hearing has been done through hybrid mode.

2.

The present petition has been preferred by the Petitioner who is the

mother of an unmarried minor girl aged fourteen years. The girl is pregnant

with a gestational period of fifteen weeks and four days. The minor girl is

stated to be studying in the ninth standard, and her family belongs to the

lower income group.

3.

The case of the Petitioner is that the said pregnancy is the

consequence of an accidental consensual relationship. Upon learning about

the pregnancy, the Petitioner along with her minor daughter approached

hospitals seeking the termination of the pregnancy. However, the said

hospitals refused to terminate the pregnancy without reporting the case to

the local police, as mandated under Section 19(1) of The Protection of

Children from Sexual Offences Act, 2012 (hereinafter, “POCSO Act”).

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 28/01/2024 at 11:30:47

W.P.(C) 291/2023 Page 2 of 11

4.

Hence, the Petitioner has preferred the present petition seeking

permission for the termination of her minor daughter’s pregnancy. The

reliefs prayed for in the present petition are set out below:

“That in view of the facts and grounds pleaded

herein, it is humbly prayed that this Hon'ble Court

may be pleased to:

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 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.

D. Pass any other order and/or directions as this

Hon’ble Court may deem fit in the interest of

justice, equity and good conscience.”

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 28/01/2024 at 11:30:47

W.P.(C) 291/2023 Page 3 of 11

5.

The matter was listed for the first time on 11^th January, 2023. On the

said date, ld. Counsel for the Petitioner and ld. Counsel for the GNCTD

were heard in chamber. Considering the nature of the matter, the Petitioner

and her minor daughter were directed to be present. Further, Ms. Zubeda

Begum, ld. Counsel, was appointed as Amicus Curiae to assist the Court.

Thereafter, the matter is listed today.

6.

Today, ld. Amicus Curiae has interacted with the Petitioner - mother

and her minor daughter. This Court has also interacted with them in the

presence of a doctor. After the said interaction, this Court is convinced that

due to a consensual, one-off act, the minor has conceived. On the basis of

the interaction, it is also revealed that the minor was not even aware that she

had conceived and it was only after three months, when the mother noticed

that her menstrual cycle was disturbed, t