Bombay High Court: Pregnant Minor Cannot Be Denied Medical Aid Without Police Complaint

The Bombay High Court ruled that a pregnant minor in a consensual relationship cannot be denied medical treatment solely due to the absence of a police complaint. Upholding the minor’s fundamental right to medical care under Article 21 of the Constitution, the court emphasized that no individual should be deprived of medical assistance in a civilized society.

Key Points:

• A mother approached the High Court to secure the medical rights of her 17-year-old daughter, who was seven months pregnant from a consensual relationship. They faced denial of medical treatment at clinics and hospitals without a police complaint.
• The petitioner argued that her daughter’s fundamental right to medical care must be upheld, as she did not intend to file a police complaint. They planned to give the child up for adoption.
• The State Counsel proposed that the minor could receive medical treatment at a specific hospital without disclosing her identity, provided the petitioner submitted an ‘Emergency Police Report’ stating their decision not to file a complaint.
• The court allowed the submission of the Emergency Police Report in a sealed cover and emphasized the minor’s entitlement to medical treatment under Article 21, despite the absence of a police complaint.
• Granting medical aid is a fundamental aspect of the right to life and livelihood guaranteed under Article 21, and no individual should be denied medical treatment in a civilized society.
• The court directed the hospital to provide medical treatment to the minor under the identification ‘ABC’ without insisting on a police complaint. The minor was entitled to medical care throughout her pregnancy and post-maternity period.

Case Details:

• Case Title: XYZ vs. State of Maharashtra
• Case No.: Writ Petition (L) No. 12243 of 2024
• Citation: 2024 Latest Caselaw 2 Bom
• Coram: Justice GS Kulkarni and Justice Firdosh P. Pooniwalla
• Advocates for the Petitioner: Mr. Nigel Quraishy with Mr. Dhananjay Deshmukh
• Advocates for the Respondent: Smt. P. H. Kantharia, GP with Smt. Pooja Patil, AGP

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