Treatment to pregnant minors merely because no police complaint has been filed. The Court's decision came in response to a case where a 17-year-old pregnant minor expressed reluctance to initiate criminal proceedings against her partner, also a minor, citing consensual relations.
A Division Bench comprising Justices GS Kulkarni and Firdosh Pooniwalla emphasized that hospitals cannot impose the precondition of registering a criminal case as a prerequisite for treating pregnant minors. The court expressed strong disapproval of such a practice, terming it a "gross violation" of regulations.
The case originated when the minor girl's father filed a petition before the High Court seeking relief after several hospitals refused medical treatment to his daughter without a police complaint. Advocates Nigel Quraishy and Dhananjay Deshmukh represented the petitioner.
The court emphasized that every person has a constitutional right to medical aid, as enshrined in Article 21 of the Indian Constitution, which guarantees the right to life. It underscored that denial of medical aid, particularly to pregnant minors, is unacceptable in a civilized society.
Furthermore, the court directed the dean of JJ Hospital to ensure the confidentiality of the minor girl's identity and provide necessary medical treatment during her pregnancy and post-delivery period. The State-run JJ Hospital was identified as a facility where the girl could receive treatment without disclosing her identity.
The High Court's ruling is a significant step towards safeguarding the rights of pregnant minors and ensuring access to healthcare services without undue barriers. It reinforces the principle that medical treatment should be provided without discrimination or unnecessary prerequisites, particularly in cases involving vulnerable individuals such as pregnant minors.
The court's decision sends a strong message to hospitals and healthcare providers to prioritize the well-being of patients, especially pregnant minors, and refrain from imposing arbitrary conditions that may hinder access to essential medical care.
