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According to Dr. B. Ramaswamythe recent Supreme Court decision on abortion undermines the purpose of Section 19 of the Protection of Children from Sexual Offenses Act, 2012 (POCSO Act).
A bench headed by Justice DY Chandrachud in its recent judgment extending abortion rights held that a registered practitioner who has provided information under Section 19 (1) of the POCSO Act (in respect of a minor seeking medical termination of pregnancy under the MTP), Act) is exempted from disclosing the identity of the minor in any criminal proceedings which may follow from the report under Section 19 (1) of the POCSO Act.
“… we clarify that the RMP, only at the request of the minor and the guardian of the minor, need not disclose the identity and other personal details of the minor in the information provided under section 19(1) of the POCSO Act‘, the bench, also comprising Justice AS Bopanna and Justice JB Pardiwala, stood.
According to Dr. Ramaswamy, the investigating officer probing a POCSO offense may face problems due to the aforementioned dilution of the POCSO Act.
“There is a gapDr. Ramaswamy said. He added that clarification was needed on the role of the investigating officer and that although the court’s intention was not to involve child victims in legal proceedings, there would be cases where the IO would require the name of a child victim.
“There is a danger that the offender will escape. It could be a father, brother, neighbor or uncle. There will be negative consequencesDr. Ramaswamy said on the Court’s statutory declaration that a doctor should not disclose the identity or personal details of a minor at the request of the guardian of the child victim.
He said the guardian himself could be the perpetrator. “What if the guardian himself is the offender?he asked, adding that in a given case the offender could defend himself by exploiting the loophole.
Dr. B. Ramaswamy is an expert on child rights and has authored several books including one titled Human Rights of the Child. He is the Chairman of the Standing Appellate Committee of AICTE and a member of the UGC Expert Committee. Before that, he was a member of the Advisory Committee to the National Commission for the Protection of the Rights of the Child (NCRC).
The full interview is embedded above and can also be viewed here.
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