TERMINATION OF ADOLESCENT PREGNANCY, A SOCIETAL STIGMA By- Madhushree Sarkar & Purba Chakraborty

TERMINATION OF ADOLESCENT PREGNANCY, A SOCIETAL STIGMA
                                                                                                  
“Abuse is never contained to a present moment, it lingers across a person’s lifetime and has pervasive long-term ramifications”
Authored By- Madhushree Sarkar
 & Purba Chakraborty
 
INTRODUCTION:
In the past centuries where custom and religion had played a wider role, there adolescent pregnancy was not an illegal act as child marriage was prevalent. But with time it is observed that such adolescent pregnancy was creating a health hazard to the life of the women bearing it. So then laws were evolved to safeguard the women who were less than 18 years of age. But now in the 21th century teenage pregnancy has increased because of the romantic adolescent relationship and child sexual abuse. In today’s time the word child sexual abuse can be divided into two sub categories (1) non consensual child sexual abuse & (2) consensual sexual adolescent relationships. Both the sub categories are having criminal consequences. It is just that the minor i.e.; the children under 18years can go for abortion if the gestation period is within 20-24 weeks, even if the pregnancy is the result of the consensual sexual relationship between minors.
 
CHILD SEXUAL ABUSE AND LAWS RELATING TO IT:
Child sexual abuse has a wider ambit which refers to a kind of child abuse where an adult or an adolescent person uses or exploits a child for sexual purposes. In most of the situations, the exploiters are from home, school or from neighborhood. Children being of a very tender age initially do not understand what they are going through and which causes a great trauma in their mind. The act of sexual abuse is done either by luring the child or by giving threat so we can say it is an act which is non consensual i.e.; the child’s consent is missing. IPC did not have any stringent laws relating to child sexual abuse prior but  from 2018 sections like 376AB Punishment for rape on woman under 12 yrs of age ; section 376DA Punishment for gang rape on a woman under sixteen years of age and section 376DB Punishment of women under 12 years of age has been added to IPC[1]. The Protection of Children from Sexual Offences Act, 2012 is based on Article 15(3) of the Indian Constitution which allows the government to take special measures for women and children[2]. It is a gender neutral law so it comprises boy child and as well as girl child under 18 years as “child”. Unlike IPC the Protection of Children from Sexual Offence Act, 2012 considers the accused “guilty until proven innocent”. The child sexual abuse often leads to pregnancy but this is the point which triggers the social stigma in the guardians mind because as per the law  i.e.; under section 19 of the POCSO Act which introduces a mandatory police reporting of such offence and penalizes those who fails to do so. The family of the victim hesitates to file a complaint as that would hamper their family honors and because of which they approach an unqualified doctor for medical termination of pregnancy. Under Rule 3B (b) of the Medical Termination of Pregnancy Rules minors can seek abortion of pregnancy of a term 20-24 weeks[3]. But still  most family avoid approaching the registered medical practitioners as they are duty bound  to report it to the police before dealing with such pregnancy which has aroused from a sexual assault of the minor. So now the Registered Medical Practitioner (RMP) is exempted from disclosing the personal details of the minor who is subjected to sexual abuse and whose pregnancy has resulted from such sexual assault itself.
 
Instances of consensual adolescent sexual relationships are witnessed in the contemporary society. As a natural phenomenon it has been observed that every adolescent goes through a lot of physical and mental growth during their 16-19 years of age due to which they tend to get attracted to their sexual preferences which is biological in nature but our law has so far not acknowledged the biological factors as an exception .And has made POCSO Act universal in terms of age of the victims. The age of consent is 18years under POCSO ACT and these acts as a barrier in engaging in consensual sexual relationships.
 
HARMONIOUS INTERPRETATION OF POCSO ACT and MTP ACT:
 X versus The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr To ensure that the benefit of Rule 3B(b) is extended to all women under 18 years of age who engage in consensual sexual activity, it is necessary to harmoniously read both the POCSO Act and the MTP Act. For the limited purposes of providing medical termination of pregnancy in terms of the MTP Act, we clarify that the RMP, only on 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 RMP who has provided information under Section 19(1) of the POCSO Act (in reference to a minor seeking medical termination of a pregnancy under the MTP Act) is also exempt from disclosing the minor’s identity in any criminal proceedings which may follow from the RMP’s report under Section 19(1) of the POCSO Act. Such an interpretation would prevent any conflict between the statutory obligation of the 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. It could not possibly be the legislature’s intent to deprive minors of safe abortions[4].
 
Prevention is better than cure:
 As a society we have a lot to do for the minors who do have the potential to do great in their life time and can be an asset for the society, so just because of a act where she or he did not have an active role so merely that act should not be a hurdle in the growth of such child. And as a society we should not look down upon the victim of such sexual abuse. Because our conduct towards them will tarnishes their vulnerable mind. The children below 18 years are at a tender age. At this age if they are subjected to sexual violence then they carry the trauma within them for life and which is a pullback in their development so they should be given counseling from the expert counselors and a lot of support from family and society as others behavior leaves an impact in their life. And workshops should be carried out in the village level by the Anganwadi workers to teach the children about good touch and unsafe touch. And by this the children can be aware of such unsafe touch. To deal with adolescent pregnancies the awareness on sex education should be given from class 8 onwards as this is the tender age where children go through lots of hormonal changes and for which they do not have an answer to and they land up taking advices from wrong people which leads them to pregnancies and they face criminal consequences.
   
 


[1] Indian Penal Code (45 of 1860)
[2] The Constitution of India (44 OF 2019); page 11
[3] X versus The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr2022(SC)809
 
[4] 2022(SC)809