Unmarried Minor Girls and Pregnancy: Medico-Legal Issues

Abstract

Sexual abuse of children is a heinous crime and violation of basic of human rights as well as child rights. When a minor girl becomes pregnant after an incidence of sexual abuse, the Protection of Children against sexual offences Act (POCSO Act) requires medical provider to report the case and the Medical Termination of Pregnancy Act (MTP Act) allows the medical practitioner to terminate pregnancy. The overlap between POCSO and MTP Acts creates confusion, delay, and sometimes denial of abortion service to minor girl. MTP Act allows a medical practitioner to terminate a pregnancy resulting from a sexual assault. As per the act, the written consent of girl is required before conducting the abortion; if the girl is a minor or a mentally ill person, then written consent of the guardian is required. It is recommended that when a minor girl pregnant after sexual assault consults a medical practitioner for abortion, the practitioner, public or private must ensure safe legal abortion in persuasion of MTP Act.

Keywords

• Medical termination of pregnancy, Minor, Pregnancy.