Pregnant minor cannot be denied medical aid for mere absence of police complaint: Bombay High Court
The Bombay High Court recently decided that the absence of a police complaint should not prevent a minor girl impregnated after a consensual relationship, from receiving medical treatment.
The Division Bench of Justice GS Kulkarni and Justice Firdosh P. Pooniwalla clarified that no person in a civilized society could be deprived of medical treatment.
Brief Facts
The petitioner mother approached the High Court to protect the legal rights and health interest of her daughter who was 17 years and 4 months old and was 7 months pregnant, having been in a consensual relationship.
The point of concern was that whenever they approached a clinic or a hospital seeking medical treatment for her pregnant daughter, they were required to show a police complaint. The mother-daughter did not intend to take any legal action against the person the minor was in a relationship with. For aforementioned reasons, they were being deprived of medical treatment.
Contentions of the Petitioner
It was contended that the petitioner’s daughter had the fundamental right to get medical treatment under Article 21 of the Constitution of India. While submitting about shelter home for assistance, it was further contended that the child to be born to the petitioner’s daughter was intended to be given in adoption.
Contentions of the Respondent
The State Counsel stated that the pregnant minor in the instant case could receive all medical treatment at a specific hospital without her identity being disclosed. It was further required from the petitioner to provide a formal statement that her daughter did not want to file a police complaint to be made in the form of an ‘Emergency Police Report’.
Observations of the Court
The Bench allowed handing over of EPR which was further ordered to be kept in sealed cover. Commenting on the pregnant minor’s entitlement to medical treatment, the Court observed that “in the peculiar facts and circumstances of the case, it can never be that the petitioner’s daughter is deprived of any medical treatment from any hospital or medical centers and more particularly considering the age of the petitioner’s daughter, who in some months would be an adult of 18 years of age. The fact situation is clear that relations of the petitioner’s daughter with the boy who is also a minor, were consensual. Neither the petitioner in the capacity of a parent nor the petitioner’s daughter says that she is a victim, and in fact she was conscious and aware of her actions, hence they are not desirous of registering any police complaint under the provisions of the Protection of Children from Sexual Offences Act, 2012. In these circumstances, in our opinion, there cannot be an insistence from any medical centres or hospitals, that nonetheless, the petitioner should register a police complaint as a condition to receive medical treatment. Merely for the reason that there is no police complaint, the petitioner’s daughter cannot be denied medical aid.”
The Court opined that grant of medical aid is a direct concomitant of Article 21 of the Constitution guaranteeing right to life and livelihood, including protection of one’s health by availing appropriate medical aid. It further added that no person in a civilized society could be deprived of medical treatment.
Decision of the Court
While disposing of the instant matter, the High Court directed the petitioner to submit EPR. Further directions were issued to the hospital concerned to take all the precautions and care to maintain confidentiality and to provide medical treatment to the petitioner’s daughter under the identification ‘ABC’ without insisting on any police complaint. The petitioner’s daughter was further entitled to seek medical treatment during pregnancy, pre-maternity medical aid, delivery and post-maternity care.
Case Title: XYZ vs. State of Maharashtra
Case No.: Writ Petition (L) No. 12243 of 2024
Citation: 2024 Latest Caselaw 2 Bom
Coram: Justice GS Kulkarni and Justice Firdosh P. Pooniwalla
Advocates for the Petitioner: Mr. Nigel Quraishy with Mr. Dhananjay Deshmukh
Advocates for the Respondent: Smt. P. H. Kantharia, GP with Smt. Pooja Patil, AGP
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