The Bombay High Court not too long ago directed the state authorities to offer medical care to a 17-year-old pregnant lady who did not file a police criticism in opposition to her associate, additionally a minor, and was refused remedy because of this.

A division bench of Justice GS Kulkarni and Justice Firdosh P Pooniwalla mentioned that hospitals can’t insist that the lady’s mom register a police criticism as a situation to obtain medical remedy.

“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 say’s 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…Merely for the reason that there is no police complaint, the petitioner’s daughter cannot be denied medical aid.”

The courtroom was coping with a writ petition filed by the lady’s mom in search of entry to medical remedy which was denied to her because of the requirement of submitting a police criticism.

The petitioner’s grievance was that medical services demanded a police criticism earlier than administering remedy, regardless of the daughter’s refusal to pursue authorized motion. The daughter asserted that their relationship was consensual. The petition expressed the intention to present the kid up for adoption.

Advocate Nigel Quraishy for the petitioner submitted that the petitioner sought remedy for her daughter at Sir JJ Group of Hospitals they usually have additionally recognized St. Catherine’s Home, a shelter residence which is able to accommodate the daughter. The courtroom accepted the assertion concerning the shelter residence and directed the state officers to facilitate the daughter’s admission.

Government Pleader Purnima Kantharia said that the daughter can obtain remedy at Sir JJ Group of Hospitals with out her id being disclosed, however sought a proper assertion from the petitioner that her daughter doesn’t wish to file a police criticism. Kantharia mentioned this must be made within the type of an ‘Emergency Police Report’ (EPR).

The courtroom opined that there isn’t a hurt within the petitioner presenting an EPR and, that such an EPR will be handed over to the Government Pleader who can hold it in a sealed cowl. When the necessity arises, it may be utilized for the suitable goal with the prior permission of the Court, the courtroom added.

The courtroom emphasised that denying medical support primarily based on the absence of a criticism contradicted the constitutional proper to healthcare.

“In our opinion, grant of medical aid to any person is a direct concomitant of Article 21 of the Constitution, which guarantees right to life and livelihood which includes 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.”

Thus, the courtroom directed the Sir JJ Group of Hospitals to make sure confidentiality and supply medical care to the petitioner’s daughter a pseudonym with out mandating a police criticism. It granted the petitioner entry to maternity care and supply companies on the hospital and directed efforts to safe impartial medical remedy for the daughter.

St. Catherine’s Home was tasked with offering care and cooperation to the petitioner’s daughter till the kid’s start, sustaining confidentiality all through the method. The courtroom disposed of the petition, protecting open the petitioner’s contentions concerning the kid’s adoption.

Case no. – Writ Petition (L) No. 12243 of 2024

Case Title – XYZ v. State of Maharashtra & Ors.