N v. The Principal Secretary Health And Family Welfare Department & ORS.

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 291/2023 & CM APPL. 1161/2023 N ..... Petitioner Through:

Dr. Amit Mishra, Advocate.

versus THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT & ORS.

..... Respondents Through:

Ms. Hetu Arora Sethi, ASC for GNCTD.

Mr. Kirtiman Singh, CGSC with Mr.

Waize Ali Noor, Ms. Shreya V.

Mehra and Ms. Vidhi Jain, Advocates for UoI.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 08.05.2024 1.

Petitioner has approached this Court with the following prayers: "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 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 10/05/2024 at 11:54:58

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."

2.

Vide Order dated 23.01.2023, the Petitioner was permitted to terminate her pregnancy. However, the case has been kept for the compliance of the directions given by the Apex Court in X vs. Union of India and Another, 2023 SCC OnLine 1338.

3.

The Writ Petition is disposed of with a direction to the Petitioner to comply with the directions given by the Apex Court in the abovementioned Judgment in right earnest.

4.

Accordingly, the Writ Petition is disposed of along with the pending applications, if any.

SUBRAMONIUM PRASAD, J MAY 8, 2024 Rahul 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 10/05/2024 at 11:54:58