JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA VOL. 21, 2022 Recently, the SC has read down the mandatory reporting requirement under the Protection of Children from Sexual Offences (POCSO) Act. It held that a doctor need not disclose the name and identity of the minor girl while reporting to the police.58 The judgement has called for a harmonious reading of the MTP Act and the POCSO Act and held that an RMP — on request of the minor and the guardian, is exempt from disclosing the identity and other personal details of a minor in the information provided under Section 19 of the POCSO Act and any criminal proceedings which may follow from such reporting. As per the judgement, such an interpretation would prevent any conflict between the statutory obligation of the Registered Medical Practioner (RMP) to mandatorily report the offence under the POCSO Act and the rights of privacy and reproductive autonomy of the minor under Article 21 of the Constitution. The judges took note of the fact that the POCSO Act does not recognise consent in sexual activities for minors, but this does not prevent adolescents from engaging in consensual sexual activity and sometimes this leads to pregnancy. “The taboos surrounding pre-marital sex prevent young adults from attempting to access contraceptives. Young girls who have discovered they are pregnant are hesitant to reveal this to their parents,” the verdict said. The judges went on to observe that mandatory disclosure deters minors from approaching qualified doctors as they may not want to entangle themselves in the legal process. This can make them approach an unqualified doctor for an MTP and it could not possibly be the legislation’s intent to deprive minors of safe abortion, the court argued.59 11. Need for Law Reform to protect Rights of Children in the Criminal Justice System Children in contact with the criminal justice system, justice are often in a situation of vulnerability and many of their rights are violated. These children are often unaware of their rights and/or not in a position to claim their rights. As such, it is important to identify 58 59 66 X Appellant v The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr, Civil Appeal No. 5802 of 2022, (Arising out of SLP (C) No 12612 of 2022), Supreme Court of India, Civil Appellate Jurisdiction. Available at: https://indiankanoon.org/ doc/123985596/. Accessed on Oct. 20, 2022. X Appellant v The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr, Civil Appeal No. 5802 of 2022 (Arising out of SLP (C) No 12612 of 2022), Supreme Court of India, Civil Appellate Jurisdiction. Available at: https://indiankanoon.org/ doc/123985596/. Accessed on Oct. 20, 2022