Coming to the aid of a minor girl, the Bombay High Court on Wednesday directed the Maharashtra government to provide medical assistance to a 17-year-old pregnant girl, who was refused treatment by hospitals as she did not register an FIR against the boy who got her pregnant. She was in a relationship with the boy, who is also 17-years-old, and studying in college.
The court has permitted her to seek treatment at the state-run JJ hospital after submitting an emergency police report stating that she does not wish to pursue a criminal complaint against the boy.
The HC was hearing a petition filed by the girl’s mother stating that the girl was refused treatment as she did not want to lodge a police complaint against the college student because her relationship with him was consensual. The plea said refusal of medical treatment was violative of the girl's fundamental rights enshrined in the Constitution of India.
Mother's Plea for Pregnant Daughter's Rights Spurs High Court Intervention
Government pleader Poornima Kantharia submitted that the girl could seek treatment at the state-run JJ hospital, however, she will have to submit an emergency police report stating that she does not wish to pursue a criminal complaint against the boy.
Mother’s advocate Nigel Quraishy informed the court that the girl did not want to abort the child and that once the baby is born, he or she would be put up for adoption. He submitted that a shelter home in suburban Andheri had agreed to admit her before and after her delivery for assistance and care.
Pregnant Minor Allowed Medical Aid Without Compulsory Police Report
The high court, in its order, said the girl shall submit her statement in the form of an emergency police report through her advocate by April 12. “There is no harm in submitting a statement to the police,” a bench of Justices Girish Kulkarni and Firdosh Pooniwalla said. “The girl shall be entitled to seek medical treatment at the JJ hospital. The dean of the hospital shall take all care to maintain confidentiality of the case and the treatment provided,” it added.
The judges said that the shelter home identified by the petitioner shall permit the girl to be admitted for care and assistance. “All these shall be provided without any insistence of a police complaint. This is a fair order,” the HC said while disposing of the petition.
