Pregnant Minor Cannot Be Denied Medical Attention Merely Because No Police Complaint Was Registered: Bombay HC
The Bombay High Court observed that a pregnant minor cannot be denied medical attention merely because no police complaint was registered.
The Court held this in a Writ Petition filed by the Petitioner seeking directions to hospitals for the treatment of her pregnant minor daughter who was refused medical treatment for want of police complaint.
The bench of Justice G.S. Kulkarni and Justice Firdosh P. Pooniwalla observed, “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.”
Advocate Quraishy appeared for the Petitioner and Government Pleader Kantharia appeared for the State.
Brief Facts-
Petitioner’s daughter is about 7 months pregnant. Her daughter refused to disclose the details of the person with whom she was in a consensual relationship, who is also a minor. They do not want to take any legal action against that person. It is the case of Petitioner that whenever they approached a clinic or a hospital for medical treatment for her daughter, she was called upon to show a police complaint made by her. Hence, she was aggrieved of medical treatment for want of police complaint.
The Court stated that there is no harm in the petitioner presenting an Emergency Police Report (EPR) that can be handed over by the Petitioner to the Government Pleader who can keep the same in a sealed cover and as and when the need so arises, it can be utilized for the appropriate purpose with the prior permission of the Court.
The Court further stated that the grant of medical aid to any person is a direct concomitant of Article 21 of the Constitution, which guarantees the right to life and livelihood which includes the protection of one’s health by making available appropriate medical aid. According to the Court, in a civilized society, no person can be deprived of medical aid/treatment, much less in the present circumstances.
Hence, the Court directed the Petitioner to provide an EPR through the advocate to the Government Pleader.
The Court further directed the Dean of Sir J.J. Group of Hospitals to take all the precautions and care to maintain the confidentiality of the case and to provide medical treatment to the petitioner’s daughter under the identification ‘ABC’, without the insistence of any police complaint.
The Court also directed the St. Catherine’s Home to admit the petitioner’s daughter by maintaining confidentiality including the name of the petitioner’s daughter and shall render all care and cooperation to her regarding her medical condition till the child is born.
Accordingly, the Court disposed of the Petition.
Cause Title: XYZ v. State of Maharashtra (Neutral Citation: 2024:BHC-OS:5999-DB)
Appearance:
Appellant: Adv. Quraishy
Respondent: Government Pleader Kantharia