A hospital cannot deny medical treatment to a pregnant minor girl merely because no police complaint was filed in the matter, the Bombay High Court recently held.
The Court made the observation while dealing with a case where a 17-year-old pregnant minor indicated that she did not wish to initiate any criminal proceedings against her partner (also a minor) since their relations were consensual.
In such circumstances, a Division Bench of Justices GS Kulkarni and Firdosh Pooniwalla opined that a hospital cannot insist on the prior registration of a criminal case as a condition to treat the pregnant girl.
“In these circumstances, in our opinion, there cannot be an insistence from any medical centres or hospitals, that nonetheless, the petitioner (minor girl’s father) 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 observed in its April 10 order.
Pertinently, sexual relations with a minor could be penalised in India as statutory rape if one of the partners is an adult while the other is a minor. An adult who has sexual relations with a minor would also be subject to punishment under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
In this case, however, the Court was told that both partners were minors. Additionally, since the minor girl said that the relations were consensual and refused to disclose the details of her partner, no criminal case was filed.
Despite such circumstances, every hospital or medical clinic that the girl approached for medical treatment insisted that she first show a copy of a police complaint.
Therefore, she filed a petition through her father before the High Court seeking relief. Their counsel argued that medical aid could not be denied to the pregnant girl, in view of her rights under Article 21 (right to life) of the Constitution.
In response, government pleader Poornima Kantharia assured that the girl can receive medical treatment at the State-run JJ Hospital without her identity being disclosed.
However, the State counsel also suggested that the minor girl submit a formal statement that she does not want to file a police complaint. This statement could be made in the form of an Emergency Police Report (EPR), the government pleader added.
The Court found no harm in this suggestion and directed the counsel for the petitioner to hand over this statement to Kantharia, who would keep it in a sealed cover.
“As and when need so arises, it can be utilized for the appropriate purpose with the prior permission of the court”, the Court said.
The dean of JJ Hospital was also directed to take all precaution and care to maintain confidentiality and provide medical treatment during the girl’s pregnancy and post delivery as well.
Before parting with the matter, the Court also emphasised that the grant of medical aid to any person is a part of Article 21 of the Constitution, which guarantees the right to life. This right includes the protection of one’s health by making available appropriate medical aid, the Court said.
“In a civilized society no person can be deprived of medical aid/treatment, much less in the present circumstances,” the Court added.
Advocates Nigel Quraishy and Dhananjay Deshmukh appeared for the petitioner.
Government Pleader Poornima Kantharia and Additional Government Pleader Pooja Patil appeared for the State.