Mumbai: The Bombay High Court on Wednesday allowed a 17-year-old pregnant girl, who was denied medical aid by some hospitals, to get treatment at the state-owned JJ Hospital in Mumbai.
The girl, in a petition filed in the high court through her mother, said that Sai Hospitals refused to treat her because she did not want to lodge a police complaint against the boy with whom she was in a relationship.
The petition said that the relationship between the girl and the boy, who is also 17 years old, was consensual.
The petition states that denial of medical treatment is a violation of the fundamental rights of the girl enshrined in the Constitution of India.
Government lawyer Purnima Kantharia told the division bench of Justice S Kulkarni and Justice Firdosh Pooniwala that the girl can get treatment at J Hospital here.Kanthari said, however, that the girl would have to submit an emergency police report stating that she did not want to file a criminal complaint against the boy.
The petitioner's counsel informed the court that the girl did not want to abort the child and once the child was born, it would be adopted.
The petition said that a shelter home in suburban Andheri has agreed to accept her for support and care before and after delivery.
The bench, in its order, said the girl would submit her statement in the form of an emergency police report through her lawyer by Friday.
HC said, “There is no harm in giving statement to the police.,
"The girl will be entitled to seek medical treatment at JJ Hospital. The Dean of the hospital will take full care to maintain the confidentiality of the case and the treatment provided," the court said.
It said that the shelter home identified by the petitioner would allow the girl to be admitted for care and support.
The bench said, “All this will be provided without insistence on a police complaint. This is a reasonable order."
The girl, in a petition filed in the high court through her mother, said that Sai Hospitals refused to treat her because she did not want to lodge a police complaint against the boy with whom she was in a relationship.
The petition said that the relationship between the girl and the boy, who is also 17 years old, was consensual.
The petition states that denial of medical treatment is a violation of the fundamental rights of the girl enshrined in the Constitution of India.
Government lawyer Purnima Kantharia told the division bench of Justice S Kulkarni and Justice Firdosh Pooniwala that the girl can get treatment at J Hospital here.Kanthari said, however, that the girl would have to submit an emergency police report stating that she did not want to file a criminal complaint against the boy.
The petitioner's counsel informed the court that the girl did not want to abort the child and once the child was born, it would be adopted.
The petition said that a shelter home in suburban Andheri has agreed to accept her for support and care before and after delivery.
The bench, in its order, said the girl would submit her statement in the form of an emergency police report through her lawyer by Friday.
HC said, “There is no harm in giving statement to the police.,
"The girl will be entitled to seek medical treatment at JJ Hospital. The Dean of the hospital will take full care to maintain the confidentiality of the case and the treatment provided," the court said.
It said that the shelter home identified by the petitioner would allow the girl to be admitted for care and support.
The bench said, “All this will be provided without insistence on a police complaint. This is a reasonable order."
