Bombay High Court: Hospitals Cannot Deny Treatment to Pregnant Minors Without Police Complaint

The Bombay High Court has ruled that hospitals cannot refuse medical treatment to pregnant minors solely because no police complaint has been filed, emphasizing the right to healthcare enshrined in Article 21 of the Constitution.

In a recent case involving a 17-year-old pregnant minor who opted not to file criminal proceedings against her partner, the Court held that hospitals cannot impose the registration of a police complaint as a prerequisite for medical treatment.

"Merely for the reason that there is no police complaint, the petitioner’s daughter cannot be denied medical aid," the Court asserted in its April 10 order.

While sexual relations with a minor can result in statutory rape under Indian law, the Court noted that both partners in this case were minors and the relations were consensual.

Despite the circumstances, hospitals insisted on a police complaint before providing medical care to the pregnant minor. Represented by her father, the girl petitioned the High Court, arguing for her right to medical treatment under Article 21.

Government Pleader Poornima Kantharia assured that medical treatment would be provided at the State-run JJ Hospital without revealing the girl's identity. However, she suggested the minor submit a formal statement stating her decision not to file a police complaint, which could be documented as an Emergency Police Report (EPR).

The Court approved this suggestion, directing the petitioner's counsel to provide the statement to Kantharia for safekeeping. The statement could be utilized with court permission when necessary.

Furthermore, the Court instructed the JJ Hospital dean to ensure confidentiality and provide comprehensive medical care throughout the girl's pregnancy and post-delivery period.

Highlighting the right to life and healthcare, the Court underscored that no individual can be deprived of medical aid in a civilized society.

"In a civilized society no person can be deprived of medical aid/treatment, much less in the present circumstances," the Court reiterated.

Advocates Nigel Quraishy and Dhananjay Deshmukh represented the petitioner, while Government Pleader Poornima Kantharia and Additional Government Pleader Pooja Patil appeared for the State.

Author: Anushka Taraniya 

News writer, MIT ADT University