UPSC-CMS 2018 — Forensic Medicine

Question 1: A 15 year old girl comes to the gynae casualty with a relative with complaints of amenorrhoea 2 months. The urine pregnancy test is positive, ultrasound confirms 8 weeks pregnancy. The attendants are not willing to file a police case. What should the treating doctor do?

• A. None of the options
• B. Inform the police and make MLC (Correct Answer)
• C. Take consent for abortion and proceed
• D. Take parents consent for MTP

Explanation: ***Inform the police and make MLC*** - A 15-year-old girl is a minor, and pregnancy in a minor is considered a **cognizable offense** under the **Protection of Children from Sexual Offences (POCSO) Act, 2012**. - Under POCSO Act, **sexual intercourse with a person below 18 years is statutory rape**, regardless of consent. - Reporting to the police and making a **medico-legal case (MLC)** is **mandatory** for healthcare providers to ensure legal protection for the minor and initiate investigation into sexual abuse. - This reporting is required **irrespective of the family's wishes** or unwillingness to file a case. *None of the options* - This is incorrect because there is a clear legal and ethical obligation to report the case due to the patient's age and the implications of the POCSO Act. - Failing to act would constitute a **breach of duty** under Section 19 of POCSO Act and could have serious legal consequences for the doctor. *Take consent for abortion and proceed* - While **Medical Termination of Pregnancy (MTP)** might be medically indicated, a doctor cannot proceed based on consent alone without addressing the **legal ramifications** of pregnancy in a minor. - Performing abortion without reporting the case would mean **bypassing mandatory POCSO Act provisions**, which has serious legal implications for the treating doctor. *Take parents consent for MTP* - While parental consent for MTP is necessary for a minor under the MTP Act, it does **not supersede the requirement** to report pregnancy in a minor under the **POCSO Act**. - The primary concern here is the **protection of the minor** from potential sexual abuse, which mandates police involvement before any other intervention.