One piece of legislation has put the medical community in a tight spot. A 17-year-old girl approached a leading city gynaecologist a few days ago after she had developed a sexually transmitted infection (STI).
She was diagnosed with genital herpes and the doctor asked for her boyfriend too to get checked for the disease. When the gynaecologist told the girl that she cannot be legally sexually active if she were under 18 years of age, the girl pleaded with the doctor to not report her to the police.
The Protection of Children against Sexual Offences Act, 2012 (Pocso), considers "consensual" sex between two underage persons or between an underage person and an adult a crime.
It also mandates that all such cases should be reported to the police. Pocso is under review until the end of 2014 for subsequent amendments by Union government.
Gynaecologists argue that more and more youngsters are becoming sexually active by 18. "Several cases of teenage pregnancies, where underage couples have indulged in unprotected sex, come to us. We advise them to refrain from sexual activities before they turn 18, but reporting them to the police is not an effective form of deterrence," said Dr Suchitra Pandit, president of the Federation of Obstetric and Gynaecological Societies of India (Fogsi).
As many as 29,310 doctors belonging to Fogsi will be writing to MPs against mandatory reporting of consensual sex to the police.
A recent study, conducted by Tata Institute of Social Sciences (TISS), had indicated that 30-40% persons studied had become sexually active between 16 and 18 years of age. "The age at which youngsters start having sex has reduced. Our lawmakers ought to take cognizance of it," Dr Pandit told dna.
Doctors say such mandatory reporting is in conflict with the Hippocrates Oath, which prevents them from revealing the identity of patients. "In cases of abortions of teenage pregnancies, Pocso is in conflict with the Medical Termination of Pregnancy Act, which mandates the doctor to maintain strict confidentiality of the patient's identity," said Dr Duru Shah, a leading South-Mumbai-based gynaecologist.
If doctors were to breach the trust of their patients by reporting them to the police, young girls will approach bogus doctors and quacks for abortions or treatment of STIs. "We are absolutely for mandatory reporting of sexual violence against children, but there should be minimum requirements for such reporting," said Dr Ashwini-Bhalerao Gandhi, gynaecologist with PD Hinduja Hospital in Mahim.
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