Hospitals Can't Insist On Police Complaint As A Pre-Condition To Provide Medical Care To Pregnant Minor: Bombay High Court

The Bombay High Court recently directed the state government to provide medical care to a 17-year-old pregnant girl who didn't file a police complaint against her partner, also a minor, and was refused treatment as a result.

A division bench of Justice GS Kulkarni and Justice Firdosh P Pooniwalla said that hospitals cannot insist that the girl's mother register a police complaint as a condition to receive medical treatment.

“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 court was dealing with a writ petition filed by the girl's mother seeking access to medical treatment which was denied to her due to the requirement of filing a police complaint.

The petitioner's grievance was that medical facilities demanded a police complaint before administering treatment, despite the daughter's refusal to pursue legal action. The daughter asserted that their relationship was consensual. The petition expressed the intention to give the child up for adoption.

Advocate Nigel Quraishy for the petitioner submitted that the petitioner sought treatment for her daughter at Sir JJ Group of Hospitals and they have also identified St. Catherine's Home, a shelter home which is ready to accommodate the daughter. The court accepted the statement regarding the shelter home and directed the state officials to facilitate the daughter's admission.

Government Pleader Purnima Kantharia stated that the daughter can receive treatment at Sir JJ Group of Hospitals without her identity being disclosed, but sought a formal statement from the petitioner that her daughter does not want to file a police complaint. Kantharia said this needs to be made in the form of an 'Emergency Police Report' (EPR).

The court opined that there is no harm in the petitioner presenting an EPR and, that such an EPR can be handed over to the Government Pleader who can keep it in a sealed cover. When the need arises, it can be utilized for the appropriate purpose with the prior permission of the Court, the court added.

The court emphasized that denying medical aid based on the absence of a complaint contradicted the constitutional right 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 court directed the Sir JJ Group of Hospitals to ensure confidentiality and provide medical care to the petitioner's daughter a pseudonym without mandating a police complaint. It granted the petitioner access to maternity care and delivery services at the hospital and directed efforts to secure independent medical treatment for the daughter.

St. Catherine's Home was tasked with providing care and cooperation to the petitioner's daughter until the child's birth, maintaining confidentiality throughout the process. The court disposed of the petition, keeping open the petitioner's contentions regarding the child's adoption.

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

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