Police complaint not a prerequisite for providing medical care at Hospitals to a Pregnant minor : Bombay HC

Case title: XYZ v. State of Maharashtra & Ors.

Case no.: Writ Petition (L.) No. 12243 Of 2024

Order on: 10^th April 2024

Coram: Justice G. S. Kulkarni & Justice Firdosh P. Pooniwalla

FACTS OF THE CASE

The petitioner, filed a writ petition under Article 226 of the Constitution to safeguard the legal rights and health interests of her 17-year-old daughter, who was approximately seven months pregnant. The daughter, along with her partner (also a minor), asserted that their relationship was consensual and declined to disclose further details.

The petitioner encountered obstacles when attempting to secure medical treatment for her daughter, as healthcare facilities demanded a police complaint, which neither the petitioner nor her daughter intended to file.

CONTENTIONS OF THE PETITIONER

Petitioner’s Counsel advocated for medical treatment without the need for a police complaint. Proposed treatment at Sir J.J. Group of Hospitals and admission to St. Catherine’s Home for the daughter.

CONTENTIONS OF THE RESPONDENTS

State’s Counsel acknowledged the availability of medical treatment at Sir J.J. Group of Hospitals but required an Emergency Police Report (EPR) from the petitioner as a formality.

LEGAL PROVISIONS

Article 21 of the Constitution guarantees a fundamental right to the petitioner’s daughter, to be provided medical treatment, which in no case can be denied to her.

ISSUE –

• Whether medical treatment can be provided without insistence on a police complaint?
• Is the petitioner’s daughter entitled to medical aid under Article 21 of the Constitution?

COURT’S ANALYSIS AND JUDGEMENT

The court found merit in the petitioner’s argument that denial of medical treatment due to the absence of a police complaint violated the daughter’s fundamental right under Article 21. Despite consensual relations, medical aid cannot be withheld. The court emphasized that medical aid is intrinsic to the right to life and must be accessible to all, irrespective of legal proceedings. Consequently, the court directed:

• Submission of an EPR by the petitioner for record purposes.
• Provision of medical treatment at Sir J.J. Group of Hospitals under anonymity.
• Admission of the daughter to St. Catherine’s Home with confidentiality.
• Open consideration of adoption for the child.

In conclusion, the court’s judgment prioritized the daughter’s health and well-being while respecting her autonomy and confidentiality.

This case sets a significant precedent reaffirming the fundamental right to medical treatment under Article 21, even in sensitive circumstances.

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Judgement Reviewed by – Chiraag K A

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