By Surabhi

The Bombay High Court recently ruled that a hospital cannot deny medical treatment to a pregnant minor girl solely because no police complaint was filed. In a case involving a 17-year-old pregnant minor who opted not to pursue criminal proceedings against her partner, the court emphasized that hospitals cannot demand a police complaint as a prerequisite for treatment. Despite potential legal implications under India’s laws on statutory rape, the court noted that both partners were minors and the relationship was consensual. The girl’s petition, filed by her father, argued for her right to medical aid under Article 21 of the Constitution. The court directed the government to ensure the girl’s anonymity while receiving treatment and accepted the proposal for her to submit a statement expressing her decision not to file a police complaint. Emphasizing the constitutional right to medical aid, the court affirmed that access to healthcare is fundamental and indispensable in a civilized society. (WRIT PETITION (L.) NO. 12243 OF 2024)

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