{"id":15092,"date":"2024-04-13T11:47:42","date_gmt":"2024-04-13T11:47:42","guid":{"rendered":"https:\/\/jgu.edu.in\/crcnew\/?p=15092"},"modified":"2024-04-30T11:49:55","modified_gmt":"2024-04-30T11:49:55","slug":"bombay-high-court-upholds-rights-of-pregnant-minors","status":"publish","type":"post","link":"https:\/\/jgu.edu.in\/child-rights-clinic\/bombay-high-court-upholds-rights-of-pregnant-minors\/","title":{"rendered":"Bombay High Court Upholds Rights of Pregnant Minors"},"content":{"rendered":"\n<p>By Surabhi<\/p>\n\n\n\n<p>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&#8217;s laws on statutory rape, the court noted that both partners were minors and the relationship was consensual. The girl&#8217;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&#8217;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)<\/p>\n\n\n\n<p><a href=\"https:\/\/jguedu-my.sharepoint.com\/:b:\/g\/personal\/crclinic_jgu_edu_in\/ETg8jTS9Fj5Hrif1DNNuseQBkXBgV1kzPf2yoJALBE2zOw?e=zAc5yf\">Click here to read\/download order<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>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&#8217;s laws on statutory rape, the court noted that both partners were minors and the relationship was consensual. The girl&#8217;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&#8217;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) Click here to read\/download order<\/p>\n","protected":false},"author":12,"featured_media":15093,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[143],"tags":[],"class_list":["post-15092","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-updates"],"_links":{"self":[{"href":"https:\/\/jgu.edu.in\/child-rights-clinic\/wp-json\/wp\/v2\/posts\/15092","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jgu.edu.in\/child-rights-clinic\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jgu.edu.in\/child-rights-clinic\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jgu.edu.in\/child-rights-clinic\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/jgu.edu.in\/child-rights-clinic\/wp-json\/wp\/v2\/comments?post=15092"}],"version-history":[{"count":1,"href":"https:\/\/jgu.edu.in\/child-rights-clinic\/wp-json\/wp\/v2\/posts\/15092\/revisions"}],"predecessor-version":[{"id":15094,"href":"https:\/\/jgu.edu.in\/child-rights-clinic\/wp-json\/wp\/v2\/posts\/15092\/revisions\/15094"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/jgu.edu.in\/child-rights-clinic\/wp-json\/wp\/v2\/media\/15093"}],"wp:attachment":[{"href":"https:\/\/jgu.edu.in\/child-rights-clinic\/wp-json\/wp\/v2\/media?parent=15092"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jgu.edu.in\/child-rights-clinic\/wp-json\/wp\/v2\/categories?post=15092"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jgu.edu.in\/child-rights-clinic\/wp-json\/wp\/v2\/tags?post=15092"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}