A 16-year-old girl presents alone requesting termination of pregnancy. She is competent to understand the procedure and its risks. Under the Medical Termination of Pregnancy Act (as amended 2021) and Indian legal framework for consent in minors, the CORRECT approach is:
- A Proceed with the procedure with her consent alone, as she is a mature minor
- B Refuse the procedure entirely as she is below 18 years
- C Consent of a guardian is required since she is under 18, but a court order may substitute for guardianship consent if guardian is unavailable or uncooperative ✓
- D Report to police under POCSO Act before any medical intervention
Explanation
Under the MTP Act 1971 as amended, a woman under 18 years is classified as a minor and requires guardian consent in addition to her own. The MTP (Amendment) Act 2021 and POCSO Act create a mandatory reporting obligation for sexual offences in minors, but this does not prevent or delay emergency medical care. For elective termination, if guardian consent is unobtainable, courts have intervened under habeas corpus and writ jurisdiction to authorise terminations. Option A is incorrect as the mature minor doctrine is not formally codified in Indian statutes. Option D conflates POCSO reporting with treatment decisions — reporting is required but not before or instead of medical care.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP
Written and medically reviewed by the StethoPrep medical team.