The recent ruling by the Bombay High Court emphasizes that hospitals are obligated to provide medical treatment to pregnant minor girls, even in cases where no police complaint has been filed. This was highlighted in a case involving a 17-year-old pregnant minor who expressed her reluctance to pursue criminal proceedings against her partner, also a minor, as their relationship was consensual.

The Division Bench, comprising Justices GS Kulkarni and Firdosh Pooniwalla, asserted that hospitals cannot require the registration of a criminal case as a precondition for treating such pregnant girls.

Significantly, under Indian law, engaging in sexual relations with a minor can constitute statutory rape if one partner is an adult and the other is a minor. Furthermore, the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) imposes penalties on adults who engage in such acts with minors. However, in this particular case, it was revealed to the Court that both parties involved were minors.

Moreover, as the minor girl asserted that the relationship was consensual and declined to reveal information about her partner, no criminal case was initiated.

In light of these circumstances, every hospital or medical clinic the girl sought treatment from insisted on her presenting a copy of a police complaint first. Consequently, she and her father filed a petition before the High Court seeking relief. Their counsel argued that denying medical aid to the pregnant girl violated her rights under Article 21 (right to life) of the Constitution.

In response, government pleader Poornima Kantharia assured that the girl could receive medical treatment at the State-run JJ Hospital without disclosing her identity. However, the State counsel also proposed that the minor girl provide a formal statement indicating her decision not to file a police complaint. This statement could be submitted in the form of an Emergency Police Report (EPR), added the government pleader.

The Court found no objection to this suggestion and directed the petitioner's counsel to provide the statement to Kantharia, who would then keep it in a sealed cover.

Before concluding the matter, the Court directed the dean of JJ Hospital to ensure the utmost confidentiality and provide medical treatment throughout the girl's pregnancy and post-delivery period. Additionally, the Court emphasized that the provision of medical aid to any individual is integral to Article 21 of the Constitution, which guarantees the right to life. This right encompasses safeguarding one's health by ensuring access to suitable medical assistance, the Court underscored.

Advocates Nigel Quraishy and Dhananjay Deshmukh appeared for the petitioner.

Government Pleader Poornima Kantharia and Additional Government Pleader Pooja Patil appeared for the State.