Bombay HC comes to the rescue of pregnant teen denied care by state hospitals

Bombay High Court directs Maharashtra govt to provide medical care to pregnant 17-year-old without police complaint against father.

MUMBAI: The Bombay High Court on Wednesday directed the Maharashtra government to provide medical care to an unmarried 17-year-old pregnant girl who was being refused medical assistance as she didn’t file a police complaint against the father of the child.

According to the law, all cases of sexual intercourse are considered rape cases. (File photo of Bombay HC | Mumbai Tourism)

According to the law, all cases of sexual intercourse are considered rape cases if the girl is under 18 years of age.

In her plea before the court, the girl had said that the relationship with her partner, also a minor, was consensual and hence she did not wish to file a police complaint.

The girl had approached the high court by filing a petition through her mother, represented by advocate Nigel Quraishy. Her plea stated that government hospitals denied treatment solely due to the absence of an FIR. It emphasized the potential risk to the girl’s life without timely medical care. “The refusal of medical treatment violated the girl’s fundamental right to life enshrined in the Constitution of India. She has every right to get medical assistance regardless of any law,” said her plea.

Quraishy clarified that the girl intended to put the baby up for adoption after birth. The plea also mentioned that a shelter home in Andheri had agreed to provide her pre- and post-natal care and support.

A bench of Justice G.S Kulkarni and Firdosh P Pooniwalla, said in the order, “The girl shall be entitled to seek medical treatment at JJ Hospital,” adding that the dean of the hospital shall take care to maintain confidentiality of the case and the treatment provided to her.

The court further directed the shelter home to admit the girl for care and assistance. “All this shall be provided without any insistence of a police complaint. This is a fair order,” the bench concluded before disposing of the petition.

However, the bench acknowledged that there was no harm in submitting a statement to the police and directed the girl to submit a statement through her advocate by Friday as an emergency police report.