Unmarried Minor Girls and Pregnancy: Medico-Legal Issues

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 M...

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Main Author: Lalchand Verma; Sachin Meena; Deepali Pathak
Format: Article
Language:English
Published: Sonali Sharma on behalf of Rajasthan University of Health Sciences 2023-07-01
Series:RUHS Journal of Health Sciences
Subjects:
Online Access:https://ruhsjhs.in/articleDetails.php?artid=TmpVPQ==
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author Lalchand Verma; Sachin Meena; Deepali Pathak
author_facet Lalchand Verma; Sachin Meena; Deepali Pathak
author_sort Lalchand Verma; Sachin Meena; Deepali Pathak
collection DOAJ
description 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.
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spelling doaj.art-9e9ed5f3dd554abd82005a718b5db6c12023-07-26T06:17:43ZengSonali Sharma on behalf of Rajasthan University of Health SciencesRUHS Journal of Health Sciences2456-83092582-35902023-07-01http://dx.doi.org/10.37821/ruhsjhs.6.4.2021.400Unmarried Minor Girls and Pregnancy: Medico-Legal IssuesLalchand Verma; Sachin Meena; Deepali Pathak0Assistant Professor; Senior Demonstrator, Department of Forensic Medicine, Government Medical College and Associated Group of Hospitals, Kota; Associate Professor, Department of Forensic Medicine, SMS Medical College and Associated Group of Hospitals, Jaipur, Rajasthan, IndiaSexual 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.https://ruhsjhs.in/articleDetails.php?artid=TmpVPQ==Medical termination of pregnancy, Minor, Pregnancy.
spellingShingle Lalchand Verma; Sachin Meena; Deepali Pathak
Unmarried Minor Girls and Pregnancy: Medico-Legal Issues
RUHS Journal of Health Sciences
Medical termination of pregnancy, Minor, Pregnancy.
title Unmarried Minor Girls and Pregnancy: Medico-Legal Issues
title_full Unmarried Minor Girls and Pregnancy: Medico-Legal Issues
title_fullStr Unmarried Minor Girls and Pregnancy: Medico-Legal Issues
title_full_unstemmed Unmarried Minor Girls and Pregnancy: Medico-Legal Issues
title_short Unmarried Minor Girls and Pregnancy: Medico-Legal Issues
title_sort unmarried minor girls and pregnancy medico legal issues
topic Medical termination of pregnancy, Minor, Pregnancy.
url https://ruhsjhs.in/articleDetails.php?artid=TmpVPQ==
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