Jahanvi Agarwal
Recently, the Bombay High Court heard a case involving a pregnant minor. The 17-year-old girl was denied medical treatment by hospitals due to the absence of a police complaint against her partner, also a minor.
In its order on April 10, a Division Bench of Justices GS Kulkarni and Firdosh Pooniwalla stated, “Merely for the reason that there is no police complaint, the petitioner’s daughter cannot be denied medical aid.”
The case involved consensual relations between two minors, which did not warrant a criminal case under the Protection of Children from Sexual Offences (POCSO) Act. Despite this, the hospital demanded a police complaint before providing medical aid to the pregnant girl.
The minor girl approached the High Court seeking relief through her father. Their counsel argued that denying medical aid violated the girl’s rights under Article 21 (Right to Life) of the Constitution.
In response, Government Pleader Poornima Kantharia assured that the girl could receive medical treatment at JJ Hospital without disclosing her identity. The State Counsel suggested the girl submit a formal statement expressing her decision not to file a police complaint, potentially in the form of an Emergency Police Report (EPR).
The court accepted this suggestion, directing the petitioner’s counsel to provide the statement to Kantharia in a sealed cover for future use with court permission.
Justice Firdosh P. Pooniwalla stated, “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, including the protection of one’s health by making available appropriate medical aid.”
“In a civilized society, no person can be deprived of medical aid/treatment, much less in the present circumstances,” the Court concluded.
The Dean of JJ Hospital was instructed to ensure confidentiality and provide appropriate medical care throughout the girl’s pregnancy and post-delivery period.
Case Name: XYZ v. State of Maharashtra & Ors.
Dairy Number: 12243/2024
Bench: Justices GS Kulkarni and Firdosh Pooniwalla